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ORD 19-869ORDINANCE NO. 19-869 AN ORDINANCE of the City of Federal Way, Washington, approving the Federal Way Link Extension Project Development Agreement between the City of Federal Way and Sound Transit. WHEREAS, The City of Federal Way ("City") is a non -charter optional municipal code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development and right-of-way agreements to promote the health, safety, and welfare of its citizens; and WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is a governmental entity created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties; and WHEREAS, the Growth Management Act encourages efficient multimodal transportation facilities such as the Federal Way Link Extension that are coordinated with local comprehensive plans, and requires the City to accommodate essential public facilities such as the Link Light Rail Transit Project; and WHEREAS, in 1996, 2008, and 2016, pursuant to state law, Sound Transit proposed, and Central Puget Sound voters approved financing for, regional transit system plans known as Sound Move, ST2, and ST3; and WHEREAS, these regional transit system plans include, among other projects, the Federal Way Link Extension Project ("Project") connecting the cities of SeaTac, Des Moines, Kent, and Federal Way to the existing Link Light Rail system, which will provide numerous benefits to the City's residents, workers, and visitors, and which will help the City meet its Ordinance No. 19-869 Page I of 7 Comprehensive Plan goals, specifically by providing a regional high-capacity transit system in order to promote a compact urban center, develop land use patterns that will encourage less dependency on the single occupant automobile, and attract a regional market for high-quality office and retail uses, which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County Region; and WHEREAS, on January 26, 2017, the Sound Transit Board defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between Angle Lake Station at South 200th Street and the Federal Way Transit Center in Resolution 2017-02; and WHEREAS, Sound Transit and the Federal Transit Administration of the United States Department of Transportation ("FTA") have jointly planned the Project pursuant to the National and State Environmental Policy Acts, and have completed environmental review with the Federal Way Link Extension Final Environmental Impact Statement issued on November 18, 2016 and FTA's Record of Decision issued on March 6, 2017 and the Federal Highway Administration's Record of Decision, issued on March 9, 2017; and WHEREAS, Sound Transit has adopted real property acquisition and relocation procedures and guidelines that comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 90-646, 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) and as implemented by the United States Department of Transportation (49 CFR 24), all of which establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced as a Ordinance No. 19-869 Page 2 of 7 result of public works programs or projects of a local public body, and pursuant to these policies and its statutory authority, Sound Transit has acquired or will acquire such real property interests as are necessary to construct, maintain, and operate the Project; and WHEREAS, Sound Transit and the City have signed a Term Sheet related to the Federal Way Link Extension Project dated January 31, 2017, intended to address and document progress toward goals identified by the Sound Transit Board in Motion M2015-56, which directed Sound Transit staff to work with local jurisdictions in the corridor to identify and obtain commitments for permitting processes that would provide certainty and predictability for the Project, such as use of completed Sound Transit Environmental documents and FTA mitigation requirements, establishing a consolidated permit process, amending and resolving technical code requirements that are impractical or infeasible, supporting and accommodating the light rail system in land use plans and development regulations, and allowing for extended vesting or duration of land use approvals; and WHEREAS, Sound Transit intends to deliver the Project as a design/build procurement and has been coordinating with the City in preparation for Project Design and Construction; and WHEREAS, in recognition of the multiple development permits and separate review processes, and the continuing potential for conflict, overlap, and duplication between such processes, the City and Sound Transit desire to consolidate permit and environmental review processes in a Development Agreement ("Agreement") for the benefit of both parties and the public pursuant to the development agreement authority provided in RCW 36.70B.170—.210 and FWRC 19.85.020; and Ordinance No. 19-869 Page 3 of 7 WHEREAS, the Agreement outlines roles, responsibilities, cooperation, project elements, design standards, code requirements, code modifications, permitting framework, design review approach, and construction inspection for the Project; and WHEREAS, any Federal Way Comprehensive Plan goals and policies, development regulations and development standards amended after the execution of the Agreement shall apply to the Sound Transit surplus property and the development standards; and WHEREAS, impact fees or expedited permitting timelines expressly provided in the Agreement for the Project shall not apply to the future development of any Sound Transit surplus property; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered the Agreement on May 6, 2019, and forwarded a recommendation of approval to City Council; and WHEREAS, a properly noticed public hearing was held on May 21, 2019, for the purpose of obtaining input from interested parties. WHEREAS, this ordinance of the Federal Way City Council approves the siting of an essential public facility for high capacity transit and the Agreement between the City and Sound Transit relating to the development of Sound Transit's Federal Way Link Extension Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Finditz,5 anal Coiiclwion. The City Council of Federal way makes the following findings of fact and conclusions with respect to the proposed Agreement, attached as Exhibit A. (a) The recitals listed above are adopted as findings of fact and conclusions. Ordinance No. 19-869 Page 4 or7 (b) The City Council adopts the facts and conclusions contained in the staff report, which is incorporated by this reference. (c) The proposed Agreement is compatible with and has no negative impact upon adjacent land uses, as detailed in the staff report and formal state and federal environmental review processes adopting the FTA and FHWA Records of Decision mitigation plans approved March 6, 2017 and March 9, 2017 concluding the NEPA process. (d) The proposed Agreement maintains adequate facilities including utilities, roads, public transportation, parks, recreation, and school in order to mitigate impacts of the development, as detailed in the staff report and Agreement. (e) The proposed Agreement does not have any detrimental effect on any aspect to the City's Comprehensive Plan as the essential public facility siting review and approval shall implement the Comprehensive Plan's long range planning goals and policies for high-capacity transit and transit -orientated development in the City Center, as detailed in the staff report. (f) The Agreement is consistent with, and substantially implements, Federal Way Comprehensive Plan goals and policies, as detailed in the staff report. (g) The Agreement contains multiple conditions and restrictions, which are incorporated by this reference. Section 2. Council Approval. The City Council approves the Development Agreement with Sound Transit, attached as Exhibit A to this ordinance, and authorizes the Mayor to execute the agreement. Ordinance No. 19-869 Page 5 of 7 Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 4. C ori-ections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance. numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. [Signature page follows] Ordinance No. 19-869 Page 6 of 7 PASSED by the City Council of the City of Federal Way this 4th day of June, 2019. CITY OF --FEDERAL WAY: ELL, MAYOR ATTEST: APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 05/15/2019 PASSED BY THE CITY COUNCIL: 06/04/2019 PUBLISHED: 06/07/2019 EFFECTIVE DATE: 06/12/2019 ORDINANCE NO.: 19-869 Ordinance No. 19-869 Page 7 of 7 Ord. #19-869 — Exhibit A FEDERAL WAY LINK EXTENSION PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT This Development Agreement ("Agreement") is entered into, by and between the CITY OF FEDERAL WAY ("City"), a Washington municipal corporation ("City'), and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), a regional transit authority. Under the authority of RCW 36.70B.170-.210 and for and in consideration of the mutual covenants contained herein, the City and Sound Transit do hereby agree as follows regarding the Federal Way Link Extension Project ("Project"). RECITALS A. The City is a non -charter optional municipal code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development and right-of-way agreements to promote the health, safety, and welfare of its citizens. B. Sound Transit is a regional transit authority created pursuant to Chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. C. This Agreement is authorized by RCW 36.70B.170 - 210. In addition, the City has adopted regulations governing development agreements, as set forth in FWRC 19.85.020, and those regulations allow a property owner to apply to the City to enter into a development agreement to address project development standards including, design standards, project phasing, review procedures and standards for implementing decisions, vesting, and other appropriate development requirements. D. The Growth Management Act (Chapter 36.70A RCW) requires that the City plan for and encourage high capacity transit facilities such as the Federal Way Link Extension (RCW 36.70A.020) and accommodate within the City such essential public facilities (RCW 36.70A.200). Likewise, the Growth Management Act grants authority to the City to impose reasonable permitting conditions on the Project. E. In November 2008, central Puget Sound area voters approved an extensive program of transportation projects to be implemented over the 15 -year timeframe from 2009-23 known as the Sound Transit 2 ("ST2") Plan. Among other projects identified for implementation, ST2 included the extension of the link light rail transit ("LRT") system from SeaTac to the cities of Kent and Des Moines. In November 2016, voters approved an additional program of transportation projects, known as the Sound Transit 3 ("ST3") plan. The ST3 plan included, among other projects, the extension of the LRT system from its ST2 planned terminus at the Kent/Des Moines Station to the Federal Way Transit Center Station in the City of Federal Way as part of the Federal Way Link Extension Project. F. Sound Transit and the City have signed a Term Sheet related to the Federal Way Link Extension Project dated January 31, 2017, intended to address and document progress toward goals identified by the Sound Transit Board in Motion M2015-56, which directed Sound Transit staff to work with local jurisdictions in the corridor to identify and obtain commitments for permitting GA 0015-18 Page 1 Ordinance No. 19-869 Page 1 of 224 Ord. #19-869 — Exhibit A processes that would provide certainty and predictability for the Project, such as use of completed Sound Transit Environmental documents and FTA mitigation requirements, establishing a consolidated permit process, amending and resolving technical code requirements that are impractical or infeasible, supporting and accommodating the light rail system in land use plans and development regulations, and allowing for extended vesting or duration of land use approvals. G. On January 26, 2017, the Sound Transit Board adopted Resolution No. 2017-02, which defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between S. 200th Street and the Federal Way Transit Center. This action also established the project definition for the Project's National Environmental Policy Act ("NEPA") Record of Decision. H. On July 17, 2017, the City and Sound Transit executed a City Services Agreement establishing responsibilities for City participation in Project implementation and the means by which Sound Transit would reimburse the City for costs incurred for design review, permitting, and public right-of-way review and approval services as authorized by the terms of the City Services Agreement. Sound Transit is intending to deliver the Project as a design -build procurement ("Design -Build") and has been coordinating with the City in preparation for Project design and construction. In recognition of the multiple development permits and separate review processes, and the continuing potential for conflict, overlap, and duplication between such processes, the City and Sound Transit desire to consolidate permit and environmental review processes for the benefit of both parties and the public pursuant to the development agreement authority provided in RCW 36.70B.170 - 210 and FWRC 19.85.020. In addition, the City recognizes the public benefits that will accrue to the City and community from development of the property for the Project. J. Sound Transit has completed extensive environmental analysis of the Project in accordance with NEPA and State Environmental Policy Act ("SEPA"). Sound Transit completed the SEPA with the issuance of the Federal Way Link Extension Final Environmental Impact Statement ("FEIS") on November 18, 2016. The Federal Transit Administration ("FTA") issued a Record of Decision ("ROD") on March 6, 2017 and the Federal Highway Administration ("FHWA") issued a ROD on March 9, 2017 concluding the NEPA process. K. Sound Transit has adopted real property acquisition and relocation procedures and guidelines that comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 90-646, 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) and as implemented by the United States Department of Transportation (49 CFR 24), all of which establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced as a result of public works programs or projects of a local public body (hereinafter the "Federal Regulations"). Pursuant to these policies and its statutory authority, Sound Transit has acquired or will acquire such real property interests as are necessary to construct, maintain, and operate the Project. GA 0015-18 Page 2 Ordinance No. 19-869 Page 2 of 224 Ord. #19-869 — Exhibit A L. Both Parties recognize the importance of extending the light rail system as part of the comprehensive program of regional transit improvements approved by voters and have mutually concluded that it is feasible to do so by 2024. Both parties will work in a collaborative effort to resolve any issues and risks to ensure that the Federal Way Link Extension Project begins operations by 2024. M. Pursuant to RCW 36.706.200 and FWRC 19.85.130 and 150, the City held a properly noticed public hearing, and the City Council determined that the proposed Project is generally consistent with the City's development regulations and that any modifications thereto provided by this Agreement are offset by the benefits to be received from the Project; that the proposed Project conforms with the conditions of approval provided in FWRC 19.85.120; and has authorized the City Mayor to enter into this Agreement. NOW THEREFORE, in consideration of mutual promises and covenants herein contained related to the approval of various development permits to Sound Transit to construct, operate, and maintain the Project, the Parties hereto agree to the terms and conditions as follows: 1.0 DEFINITIONS For purposes of this Agreement, the following terms, phrases, words, and their derivations shall have the meaning herein given where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Reference to governmental entities, whether persons or entities, refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances, or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances, and regulations now in force or hereinafter enacted as amended. 1.1 Agreement. "Agreement" means this Development Agreement approved by appropriate action of the City and Sound Transit. 1.2 Com. "City" means the City of Federal Way and any successor or assignee following an assignment that is permitted under this Agreement. 1.3 Construction Build -Out Period. "Construction Build -Out Period" means the period commencing upon execution of this Agreement and ending ten years thereafter. 1.4 Design -Build Contractor. "Design -Build Contractor" means the entity or entities that will contract with Sound Transit to complete the design of the Project, to obtain all remaining permits for the Project, and to construct the Project, all based upon a design -build procurement method. GA 0015-18 Page 3 Ordinance No. 19-869 Page 3 of 224 Ord. #19-869 — Exhibit A 1.5 Design Submittal. "Design Submittal" means a set of design documents for the Project that have been or will be submitted to the City for review as the Project moves through various review and approval processes. The different phases of design submittal are: 1.5.A "Preliminary Engineering (PE) Submittal" (30% Design Submittal) means the Design Submittal that was furnished to the City in 2017 prior to Sound Transit initiating a procurement process seeking the services of a Design -Build Contractor. These plans included conceptual design of the alignment. The City has already reviewed and provided written comment on this submittal. 1.5.6 "Proposed Changes to the Preliminary Engineering Submittal" means a Design Submittal based on plans prepared as part of Sound Transit's Design -Build Contractor selection process. This submittal will include any design changes to the "Preliminary Engineering (PE) Submittal" initiated by the Design -Build Contractor during procurement and/or initiated by Sound Transit in preparing the RFP. This will be provided to the City for conceptual review. 1.5.0 "60% Design Submittal" means a Design Submittal for a defined segment of the overall project that presents advanced details on items such as route alignment, utilities, and urban design concepts. These elements shall be identified by the Design -Build Contractor at the time of submittal. 60% plans will also include basic concepts for other project elements that will be addressed in future submittals. This will also include the incorporation of the identified resolution to the city review comments received on the "Preliminary Engineering (PE) Submittal." 1.5.D "90% Design Submittal" means a Design Submittal reflecting advanced design for a defined segment of the overall Project, so that all reviewers can comment on specific details, as well as the overall scope of the Project prior to submittal of the Permit Submittal (100% Design). Items missing from this submittal should be minor and documented for reviewers. 1.6 Issued for Construction. "Issued for Construction" means a complete set of construction plans, drawings, and specifications that incorporate corrections to the Permit Submittal required by the City for use by the Design -Build Contractor to construct the project. 1.7 Over -the -Shoulder Review. "Over -the -Shoulder Review" means the informal and ongoing review of evolving design concepts and plans developed during the Project construction phase. 1.8 Parties. "Parties" means the City of Federal Way and the Central Puget Sound Regional Transit Authority. 1.9 Permit Submittal (100% Design}. "Permit Submittal" means a Design Submittal illustrating detailed plans for all work proposed in the permit application. This may include utility relocation improvements, new traffic signaling plans, grading and landscaping plans, and all work to be completed as part of the Project. 1.10 Project. "Project" or "Federal Way Link Extension (FWLE) Project" means the light rail system as described and depicted in Exhibit A, attached and incorporated herein, and as approved by the City pursuant to the approvals described in this Agreement. GA 0015-18 Page 4 Ordinance No. 19-869 Page 4 of 224 Ord. #19-869 — Exhibit A 1.11 Project Requirements. "Project Requirements" means the requirements included within documents provided at the time of the Project's RFQ/RFP that must be met by the Project's Design -Build Contractor, and specify the capabilities, features or attributes, etc. of the Project's deliverables as it relates to completing the Project and its objectives. 1.12 Sound Transit. "Sound Transit" means the Central Puget Sound Regional Transit Authority, and any other entity to the extent such entity, as permitted under this Agreement, is exercising any rights to operate the Light Rail Transit System over any portion of the Light Rail Transit Way pursuant to a specific written grant of such rights by Sound Transit. 2.0 COOPERATION AND GOOD FAITH EFFORTS 2.1 Cooperation. The Parties understand and agree that the activities described in this Agreement depend upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with any aspect of the work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues. 2.2 Future Agreements. The Parties acknowledge that this Agreement may contemplate the execution and delivery of a number of future documents, instruments, and permits, the final form and contents of which are not presently determined. The Parties agree to work in good faith to develop the final form and contents of such documents, instruments, and permits, and to execute and deliver the same promptly. 2.3 Timely Review. The City will provide timely review by both dedicated and regular City staff of all permit applications necessary to complete the Project, subject to the City's applicable processes and regulations. This includes Sound Transit's payment of applicable permit fees and reimbursement for City staff time as consistent with the executed City Services Agreement for the Project. 2.4 Impact on Businesses and Developments. Sound Transit will exercise its reasonable best efforts, further described in Sections 10.1, 10.2, and 10.3, to minimize impacts of construction activities upon current and future business operations and pending development opportunities in the Project area. 3.0 PROJECT LOCATION AND ELEMENTS 3.1 FWLE Project. As described in the Project's FEIS, the purpose of the Project is to expand the Sound Transit Link light rail system from the City of SeaTac to the King County cities of Des Moines, Kent, and Federal Way in order to provide a rapid, reliable, accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region. When constructed, the Project will provide a connection south from the existing Angle Lake Station crossing to the east in a manner that allows for the future construction of the SR 509 Extension Project by WSDOT. It will proceed generally within 1-5 right-of-way to the Project's terminus in the City of Federal Way. Three new LRT stations will be constructed as part GA 0015-18 Page 5 Ordinance No. 19-869 Page 5 of 224 Ord. #19-869 — Exhibit A of the Project with associated improvements for parking, pedestrian, bicycle, bus, and other access improvements. 3.2 Roadwav Improvements. In the City of Federal Way, the FWLE Project will construct roadway improvements associated with the Federal Way Transit Center Station improvements. Roadway improvements will be designed to accommodate anticipated roadway usage. Roadway improvements that are anticipated for intensive bus usage will be constructed with concrete vehicular lanes. Roadway improvements not subject to intensive bus use will be constructed with asphalt vehicular lanes. Specific improvements to be included as part of the Project's current scope include: • Reconstruct S 317th St from the 28th Ave S/ S 317th St roundabout to 23rd Ave S with concrete vehicular lanes and bike lanes per Cross Section Type L, including reconstructed sidewalk from 25th PI S to 23rd Ave S. • A new 23rd Ave S at S 317th St roundabout with concrete vehicular lanes as shown in Exhibit B — LOC Right -of -Way Cross Sections and the Pre -Final PE submittal dated July 29, 2016, and further described in Section 8.14. • Rebuild 23rd Ave S from S 320th St to S317 1h St with concrete vehicular lanes and the associated stormwater improvements required by code upon completion of required additional environmental review. • Reconstruct sidewalks on the west side of 23rd Ave S from S 320th St to S 317th St to accommodate new driveways and pedestrian lighting. • A new S 317th St roadway connection from 23rd Ave S to 21St Ave S, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. • A new S 22nd Ade S roadway connection from S 317th St to S 320th St, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. • A new S 318th St roadway connection from 22nd Ave S to 21St Ave S, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. A riew S 319th St roadway connection from 22nd Ave S to 21" Ave S, curb, gutter, sidewalks, storm drainage, illumination, and landscaping. • As described in Section 8.12, other improvements identified to enhance the pedestrian connection between the Federal Way/S 3201h St Park and Ride to the new station upon completion of required additional environmental review. Station Facilities. New Light Rail Station near the existing Federal Way Transit Center with new 400 -stall parking garage in addition to the existing garage. The station shall include facilities and maintenance for four (4) single -occupancy unisex public restrooms for transit users at the station pursuant to WA amended 2015 IBC 2902.2 and 2902.3, ICC A117.1-2009, and 15.15.120.E. Restrooms may be all newly provided as part of Project construction or may be additional to the two current restrooms at the Federal Way Transit Center, however, the total provided will not be less than four (4) public restrooms at the station. GA 0015-18 Page 6 Ordinance No. 19-869 Page 6 of 224 Ord. #19-869 — Exhibit A 4.0 SEPA COMPLIANCE Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and other agencies with jurisdiction, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements with the publication of the Federal Way Link Extension Final EIS in November 2016. The environmental review covers the City's issuance of permits for the Project as well as environmental mitigation (See Exhibit C), and the City will use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-11-600. The foregoing does not limit the City's authority to impose reasonable permit conditions pursuant to its development regulations and is not a substitution for approval of any permits required under City code. 5.0. PROJECT SCHEDULE The City is aware of the Project schedule and the criticality of meeting schedule milestones in order to deliver the Project efficiently and effectively and consistent with expectations of the region's citizens, as expressed in voter -approved ballot measures (ST2 and ST3). Sound Transit will share with the City regular (anticipated to be at least monthly, once Project construction starts) updates to the Project Schedule as it evolves and based on input from Sound Transit's Design -Build Contractor. 6.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS The Parties agree that the Project is a regional transportation facility that has the status of an essential public facility ("EPF") and that the requirements of RCW 36.70A.200 are applicable. Under Chapter 36.70A RCW, the City may not utilize development regulations to render impracticable Sound Transit's decisions on siting and location of the Project; however, the City may impose reasonable permit and mitigation conditions on the Project. 7.0 PUBLIC SAFETY 7.1 Public Safety agreement. Prior to the start of revenue service, Sound Transit and the City shall enter into a Public Safety Agreement outlining cooperation between agencies at the Federal Way Transit Center. The agreement shall comprehensively cover public safety along the Transit Way and within the Federal Way Transit Center, including evaluation of a future police substation. 7.2 Safe City Surveillance Cameras. With the goal of interagency cooperation for public safety, Sound Transit and the City shall coordinate and integrate security surveillance efforts in the City of Federal Way. Sound Transit shall provide a private connection to the City to view live video feeds from new, upgraded and future surveillance cameras within Sound Transit's light rail corridor in the City of Federal Way. Optionally, the City may provide, upon request, live video feeds to Sound Transit for new, and upgraded and future City -owned surveillance cameras in Sound Transit's light rail corridor in the City of Federal Way. The City's private connection preference is an agency -owned, dark fiber optic connection. GA 0015-18 Page 7 Ordinance No. 19-869 Page 7 of 224 Ord. #19-869 — Exhibit A The agencies will coordinate camera feeds that are shared between the two agencies with the goal that video feeds from surveillance cameras are viewable in both the City's video management system and Sound Transit's video management system. Sound Transit Information Security, IT Network Engineering, and Operations Technology departments shall coordinate with the City's Police and IT Departments to secure the private connection. Cameras shall be appropriately placed in the stations and garages as determined by Sound Transit. Sound Transit shall allow the City's Police Department to place surveillance cameras, purchased and maintained by the City, at appropriate locations in the Federal Way station area, specifically, the station plaza area and on or within the station parking garage and will be clearly marked as belonging to the City. In the event the City identifies opportunities for placement of cameras, they will be subject to Sound Transit review and approval; however the City will be responsible for all cost, including the provision of conduit or other required cable. Sound Transit shall periodically re-evaluate its security infrastructure to maintain an appropriate level of advancement and technology while still allowing the City to remain connected to live camera feeds. 7.3 Police Substation. Sound Transit has identified a future opportunity, which is not included in the Project scope, to transition the operations facility that is included in the Project scope to a police substation that maybe used by both Sound Transit and City police officers. In the event that Sound Transit determines the operations facility is no longer needed for operations purposes and decides to re -purpose the facility as a police substation, Sound Transit will notify the City of its intent. Sound Transit will then collaborate with the City to develop a future scope to re - purpose the Operations facility as a police substation, including consideration of how best to accommodate City needs and requirements. The details of any repurposing of the Sound Transit operations facility as a police substation will be determined in the future, including the scope, environmental review and permitting as appropriate, joint operational capabilities, and any potential cost sharing of the endedvur dnd lire uutcome will be documented in an appropriate instrument, including in the form of an agreement. 8.0 DEVELOPMENT STANDARDS 8.1 Land Use Approval. Pursuant to RCW 36.70B.170-.210, as amended, as well as Chapter 19.85 FWRC, the City may enter into a development agreement with Sound Transit for the Project. Sound Transit has requested Essential Public Facility (EPF) land use approval for the Project using the development agreement process in accordance with Chapter 19.85 FWRC. The City hereby agrees to combine the requirement for an EPF process IV hearing before the hearing examiner (as outlined in FWRC 19.85.110) with this Agreement because the City Council held a public hearing on this Agreement, this Agreement contains such reasonable conditions as necessary to ensure the EPF review and siting satisfies the City's land use approval criteria and procedures outlined in FWRC 19.105.020 and Chapter 19.70 FWRC, and the development agreement process has met all applicable procedural requirements. Sound Transit's letter documenting EPF site evaluation criteria outlined in FWRC 19.105.020 is included in Exhibit Q. GA 0015-18 Page 8 Ordinance No. 19-869 Page 8 of 224 Ord. #19-869 — Exhibit A 8.2 Cade Modifications. The City is aware of the Project schedule and the criticality of meeting schedule milestones in order to deliver the Project efficiently and effectively and consistent with expectations of the region's citizens, as expressed in voter -approved ballot measures (ST2 and ST3). So long as the Project is developed consistent with appropriate City permit approvals and this Agreement, the public health, interest, and welfare are adequately protected within the bounds of the law. The City is allowing modifications from development regulations because the Project will be providing a benefit to the City of an equal or greater value relative to the standards from which modification is being allowed. The City hereby allows modifications from the following standards: 8.2.A City of Federal Way Development Standards Manual, Section 3.2.14 (Final 2017j. The City will grant a modification to Sound Transit from intersection separation guidelines for the proposed S 318th Street and S 319th Street along 21St Avenue S, which are within the 150 LF separation requirement from the driveways on the west side of 21St Ave S. Sound Transit has identified strategies to meet or exceed the intent of the code by restricting access with c -curbs to minimize turning conflicts or reconfiguring driveways on the west side of 21st Ave S as part of future property development. The final strategy will be determined during Design -Build Contractor final design and in consultation with the City. 8.2.B Citv of Federal Wav Development Standards Manuai, Drawing No. 3-13 (Final 2017). The City will grant a modification to Sound Transit from the requirement to provide a 10 -foot clear zone from the face of the roadway curb to the columns on the north and south Side of the S 317th Street Direct Access roundabout. Sound Transit will meet or exceed the intent of the code by requiring the Design -Build Contractor to design and install a crash barrier meeting WSDOT and City of Federal Way standards. 8.2.0 FWRC Section 7.1.05.110 — Electric Installation. The City will grant a modification to Sound Transit from the requirement to place underground the existing aerial facilities that span 1-5. This modification is being granted because placing a utility of this nature under interstate highway right-of-way is impractical and not in the best interest of the public. 8.2.1) FWRC Section 19.120.120 — Rockeries and Retaining Walls. The City will grant a clearing and grading modification pursuant to FWRC 19.120.050 to Sound Transit from the requirement that walls shall be a maximum height of six feet as measured from finished grade at base of the wall to top of the wall required by FWRC 19.120.120. The City will grant the modification because it is impractical to apply the standard to those retained fill guideway areas where the wall exceeds six feet and real estate limitations will not allow for terracing. Sound Transit will meet or exceed the intent of the code by providing landscaping as shown in the concurrence letter incorporated herein as Exhibit D and further described in Section 8.8. 8.2.E FWRC Section 19.115.050, 19.115.090 and 19.225.060 — Above Grade Parking Structures. The City will grant a modification to Sound Transit for the requirement that above grade parking structures shall include active uses, such as retail, offices or other commercial uses at ground level. In lieu of this requirement, Sound Transit shall comply GA 0015-18 Page 9 Ordinance No. 19-869 Page 9 of 224 Ord. #19-869 — Exhibit A with all other FWRC 19.115 Community Design Guidelines, and shall provide an equal or greater benefit to the City by providing conduit for fiber optic systems feeding security cameras and other applications. The City will grant Sound Transit access to this data feed, which will, in turn, provide a benefit to Sound Transit. Exhibit E provides a depiction of where fiber optic conduit will be installed by Sound Transit's Design -Build Contractor. The locations for conduit installation depicted in Exhibit E are all within the construction limits defined for the Project. Sound Transit will not install conduit outside of the construction limits defined, nor acquire additional property rights to facilitate such installation. For those areas depicted in Exhibit E that are within WSDOT rights-of- way, the City agrees to secure all approvals and rights from WSDOT for installation prior to Sound Transit undertaking the work to install conduit. The Design -Build Contractor will provide and install the conduit and fiber optic cable in the conduit, based on City specifications, which are included in Exhibit E. Upon acceptance by the City, all conduit installed by Sound Transit's Design -Build Contractor shall be transferred to the City and will be the responsibility of the City to maintain, along with all fiber optic cable placed in the conduit by the City. Principles and additional guidance for the placement of conduit is further discussed in Section 8.10. 8.2.F FWRC Section 19.145.330 — Intrusion into Stream Buffers. The City will allow Sound Transit an intrusion into a stream buffer, with an approved mitigation and stream buffer enhancement plan per FWRC 19.145.330. Sound Transit shall mitigate for temporary and permanent stream buffer impacts to Bingaman Creek at a site approved by the City in the City of Federal Way, including but not limited to Laurelwood Park. The approved mitigation site may be off-site and out -of -kind but will provide an equivalent or higher overall benefit to functions of the standard Bingaman Creek and/or associated stream buffer following functions described in 19.145.330(2) and intrusion approval criteria in FWRC 19.145.330(3). The City will accept King County In Lieu Fee mitigation for wetland buffer impacts at Wetland WFW-28-3 within the City's jurisdiction per FWRC.19.145.430. Any additional wetland or wetland buffer impacts not identified at this time will be mitigated in accordance with FWRC.19.145.430 and in coordination with the City. 8.3 Vesting. The vesting described in this Agreement shall apply throughout the "Construction Build- out Period" for the Project, which the Parties have established as ten (10) years following execution of this Agreement. During the Construction Build -out Period, the City shall neither modify nor impose new or additional development regulations or standards for the Project except as otherwise provided in this Agreement, or if other county, state or federal laws preempt the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations to the extent required by a serious threat to the public health and safety. To the extent this Agreement does not establish or define development regulations or standards covering a certain subject, element, or condition, the Project shall be governed by the City development standards and regulations in effect on the last date of execution of this agreement. 8.4 Codes in Effect. The codes and editions that will be used for the entirety of this Project's Design, Construction, and Operation are specified in Exhibit F of this Agreement. GA 0015-18 Page 10 Ordinance No. 19-869 Page 10 of 224 Ord. #19-869 — Exhibit A 8.5 Local Roadways. Local roadway cross-sections to be improved by Sound Transit shall be consistent with the concurrence letter addressing this subject and executed between the City and Sound Transit dated June 30, 2017, attached and incorporated herein as Exhibit B. 8.6 Wetlands and streams. Wetland and stream permitting of environmentally critical areas shall proceed consistent with terms included in a concurrence letter addressing this subject and executed between the City and Sound Transit dated December 5, 2017, attached and incorporated herein as Exhibit G. The Project submittal shall include supporting documentation addressing compliance with the minimum environmentally critical area requirements of Chapter 19.145 FWRC and best available science. The Community Development Director will issue a written determination, which may be subject to conditions, in the form of a critical areas partial exemption per FWRC 19.145.120(1), for an Essential Public Facility with proposed critical area and critical area buffer intrusions. The partial exemption will be reviewed concurrently with Project engineering and/or construction permits. 8.7 Storm Water. Storm water runoff from the Project shall be addressed as provided in the concurrence letters executed between the City and Sound Transit dated May 2, 2017, August 31, 2018, and December 19, 2018, attached and incorporated herein as Exhibit H. 8.8 Landsca in . Landscaping requirements shall meet Chapter 19.125 FWRC and Public Works Development Standards except for deviations related to Guideway Clear Zone, trash enclosure and property line screening requirements articulated in the concurrence letter executed between the City and Sound Transit dated July 25, 2018, attached and incorporated herein as Exhibit D. 8.9 Parking Mitigation. Sound Transit shall, in coordination with the City and at Sound Transit's expense, conduct an on -street parking inventory and utilization study of the block faces identified in Exhibit I, all located within one-quarter mile of the Federal Way Transit Center Station. This study will take place within one (1) year before start and within one (1) year after start of revenue service based on a mutually agreed upon study methodology that evaluates parking capacity and usage of the block faces and whether such usage can be reasonably attributed to the Project. If the post -revenue service shows that the block faces identified in Exhibit I are over 90% of capacity prior to 8 am, and over 50% of the on street parking use can be reasonably attributed to light rail transit customer parking, then Sound Transit and the City will work together in good faith to identify and implement parking control measures. Potential parking control measures may include parking meters, restricted parking, passenger and truck load zones, and residential parking zones (RPZs). Sound Transit agrees to fund the initial capital costs of implementing parking meters, RPZs, or parking restriction signage within the area described in Exhibit I. The City will be responsible for monitoring and providing all enforcement and maintenance, including ongoing RPZ-related costs. GA 0015-18 Page 11 Ordinance No. 19-869 Page 11 of 224 Ord. #19-869 — Exhibit A 8.10 Parking Education. During the on -street parking and utilization study period, which will take place within one (1) year before the start and continuing until one (1) year after start of revenue service, Sound Transit shall be responsive to local business owners within one-quarter mile of the station who are concerned with Sound Transit patron's parking on private property. Sound Transit's role shall be limited to providing education and outreach, focusing on best practices that businesses could implement to address the issue such as the installation of no parking signs and/or other methods to discourage illegal parking. Any parking mitigation measures implemented by the private property owner would be undertaken at their sole cost and discretion. 8.11 City Conduit installation. Sound Transit will direct their Design -Build Contractor to install conduit and fiber optic improvements parallel to the guideway from S 272"d St to the Federal Way Transit Center. Conduit and fiber optic improvements will be designed per Section 3.8 of the City's Public Works Development Standards. The conduit between S 272nd St and S 320th St shall be populated with a 144 count single -mode fiber cable with termination and access locations. The conduit installation will include risers that connect to City right-of-way at grade level at the following street crossings: S 272"d St; Military Rd S at Star Lake Rd; S 2881h St; S 304th St; Military Rd S crossing under Interstate 5; 28th Ave S; S 317th St at 23`d Ave S and 28th Ave S; and at 23`d Ave S / S 320th St. Upon acceptance by the City, all conduit and fiber optic cable installed by Sound Transit's Design -Build Contractor shall be transferred to the City and will be the responsibility of the City to maintain. Exhibit E depicts these locations generally agreed upon for City conduit installation. The following principles are proposed to guide the placement by ST of conduit for fiber optic systems feeding security cameras and.other applications in the City of Federal Way. 1. City conduit must be placed outside of the FWLE Transitway area. 2. If outside City right-of-way, and to the extent that additional property rights are required to enable placement of City conduit, the City shall be responsible for securing all necessary rights and/or permits. 3. For the portion of the alignment adjacent to the WSDOT right-of-way, the conduit will be located east of the FWLE alignment in the WSDOT right-of-way and the City shall secure needed property rights from WSDOT. 4. For the portion of the LRT alignment south of the roundabout at 317th St, the conduit will be located in City right-of-way. 5. Access points will be located in City right-of-way or within WSDOT right-of-way where the City secures property rights. 6. Sound Transit will not install City conduit outside of the construction limits currently defined for the Project. 7. To the extent any additional environmental review, permitting, or mitigation may be required to facilitate placement of City conduit, the City shall be responsible for such costs. 8.12 Pedestrian Connection lmprovements to the Federal Wa S 320t�' St Park and Ride. As identified in the FEIS, the Federal Way/S 320th St Park and Ride lot is within %-mile of the Federal Way Transit Center station area and could be used for parking by riders of the Project. Sound Transit is committed to improving pedestrian connections between the Federal Way/S 320th St Park and GA 0015-18 Ordinance No. 19-869 Page 12 Page 12 of 224 Ord. #19-869 — Exhibit A Ride lot and the Federal Way Transit Center while meeting the City of Federal Way's adopted level of service standards for vehicle traffic at the intersection of 23rd Ave S and S 320th St. These improved pedestrian connections will take place within the Federal Way/S 320th St Park and Ride lot, along the route to the Federal Way Transit Center station area, and at the intersection of 23rd Ave S and S 320th St upon completion of required additional environmental review. Improvements to the Federal Way/S 320th St Park and Ride lot shall include: O Lighting to meet Sound Transit Design Criteria Manual version 5 illuminance levels for pedestrian walkways in the Federal Way/S 320th St Park and Ride lot along pedestrian walkways from the intersection of S 322nd and 23rd Ave S to the bus island, and along existing walkways within the parking lot. • The Design -Build Contractor shall provide a lighting layout for review by Sound Transit Security, Sound Transit Architecture, the City, and King County Metro before implementation. Improved Sidewalks: • Increase sidewalks along S 322nd St to the bus island to 12 feet wide. • The Design -Build Contractor shall provide a circulation layout for review by Sound Transit Security, Sound Transit Architecture, the City, and King County Metro. • Sound Transit Security coordination with King County Metro on Crime Prevention Through Environmental Design (CPTED) review of Federal Way/ S 320th St Park and Ride. Wayfinding Signage, Sound Transit branded for pedestrians and vehicles: • The Design -Build Contractor shall provide a layout for review and approval by Sound Transit Capital Signage program and Sound Transit Architecture. • New signage shall be provided by the Design -Build Contractor at: • Federal Way Transit Center station for pedestrian route to Federal Way/S 3201h St Park and Ride. • At northwest, southwest, and southeast corners of S 320th St and 23rd Ave S intersection for pedestrians. • At intervals along 23rd Ave S to S 322nd St, into the Federal Way/S 320th St Park and Ride, for pedestrians. • At 23rd Ave S & S 322nd St, to inform drivers entering into Federal Way/S 320th St Park and Ride. • Federal Way Transit Center garages, new and existing, to inform drivers of overflow parking at the Federal Way/3201h St Park and Ride. • At Federal Way/S 320th St Park and Ride bus island for pedestrian walking route to the light rail station, and to inform the option to ride the bus to the station. Improvements to the intersection of S 320th St and 23rd Ave S shall include: Crosswalks widened to 15 feet for all legs of the intersection, with a permanent color treatment and perimeter outline. The treatment shall integral and shall be capable of withstanding vehicular traffic, snowplow, and de-icing efforts. e Regrading and associated concrete sidewalk improvements at the southwest corner of the intersection to allow for a larger pedestrian waiting area. GA 0015-18 Ordinance No. 19-869 Page 13 Page 13 of 224 Ord. #19-869 — Exhibit A • Construction of a right turn "slip lane" and an associated pedestrian refuge island for right turns from southbound 23rd Ave S onto westbound S 320th St. See Slip Lane (Exhibit J) for a conceptual design. Safety features for pedestrians crossing from the station plaza to the pedestrian refuge island shall include: • Raised 15 -ft wide flat crossing from the pedestrian refuge island to the station plaza. • Caution, pedestrian crossing signage for vehicles in the slip lane approaching the raised crosswalk. • Road texture either scored or stamped in the concrete slip lane approaching the raised crosswalk for rumble effect. • Bollards on both the station side and pedestrian refuge island side of the slip lane. • Non -glare lighting for pedestrian and vehicle visibility. See Exhibit J for further description of these improvements. 8.13 City Artwork. 8.13.A Project Artwork. As part of the Project, Sound Transit shall produce artwork for the Federal Way Transit Center Station that complements the agency's regional art collection, supports a positive customer experience and responds to the character of the area and the community. Artists have been selected based on qualifications that meet project specific criteria, by a panel (one panel for each station area) of art and design professionals along with community representatives consisting of members who can contribute to meeting the station's artwork goals. As part of the artwork development process, Sound Transit will work with the City, the City's Arts Commission, and other stakeholder groups to provide information on current projects and obtain comments and suggestions. 8.13.13 Existing Artwork. In addition to artwork developed as part of the Project, existing artwork elements in the City will be addressed during Project construction, namely the "Hi -Five" kinetic sculpture currently located within the existing roundabout at S 317th St and 28th Ave S. In Coordination with the City's Arts Commission, the "Hi -Five" sculpture will be removed from its current location and refurbished using funds available from Sound Transit's Art (Start) program. After removal from its current location and refurbishment by STart, "Hi -Five" will be relocated to a suitable location within the Federal Way Station area with broad public viewing access. 8.13.0 Potential Opportunities for Temgora!y Artwork. At temporary, long-term construction features including construction fencing and pedestrian bypass walkways, Sound Transit will coordinate with the selected Design -Build Contractor and the City's Arts Commission to implement temporary artwork that engages the public and community partners, as facilitated by STart's Artist -in -Residence for this service area. If the City of Federal Way requests to fund and site its own temporary artwork on the construction features, the production requirements and installation of the artwork will be coordinated through STart. 8.13.D Informational Updates on Artwork. Sound Transit staff shall provide regular updates on permanent and temporary artwork to the City's Art Commission. GA 0015-18 Page 14 Ordinance No. 19-869 Page 14 of 224 Ord. #19-869 — Exhibit A 8.14 Surplus Property. Sound Transit acquires real property for building and operating the voter - approved transit system. Once a transit project is built, Sound Transit may have surplus property that can then be used to support the transit investment by creating transit -oriented development (TOD). The 2016 voter -approved regional transit system plan established TOD as a programmatic component of implementing Sound Transit's mission to plan, build and operate regional mass transit. The system plan and Sound Transit's enabling statute also direct the agency to implement a regional equitable TOD strategy for diverse, vibrant, mixed-use and mixed -income communities adjacent to Sound Transit stations and in disposition of surplus property. If and when Sound Transit identifies surplus property in the City of Federal Way, the City and Sound Transit will agree to a process to define outcomes on the future surplus property that are consistent with Sound Transit's Equitable TOD Policy and the City's applicable regulations and station area long range planning efforts, including the Comprehensive Plan, City Center goals and policies, and the FWRC Community Design Guidelines. The Parties agree to work to support timely offering of any surplus property by Sound Transit, and to keep each other apprised of any factors that bear on the timing of the offering. The Parties recognize that the City's goal is to transition surplus property in the vicinity of the Federal Way Transit Center station back to permanent uses as expeditiously as possible upon completion of Project construction. Pursuant to Sound Transit policy, when implementing transit -oriented development, the agency strives for the completion of this development at the time the transit project opens or service begins, while considering the agency's property needs for construction and operations of the transit system. The vesting of any regulations, development standards, impact fees or expedited permitting timelines expressly provided herein for the Project shall not apply to the development of any Sound Transit surplus property. The Parties agree that development of any Surplus Property identified by Sound Transit following Project completion shall include a mix of uses consistent with Sound Transit's Equitable TOD Policy as well as the City's vision for a compact, mixed use, mixed income and walkable urban center. The City will participate in a meaningful way and partner with Sound Transit in developing any surplus property -related RFQ, RFP, or other means of soliciting proposals for development of any Sound Transit Surplus Property. "Participate in a meaningful way" for the purposes of this section, means that the City will co -lead a collaborative process which may include advisory groups, or committees, the Parties will reach agreement on the scope, qualifications, evaluation criteria, timing, and other key elements of the process for the developer selection, sale, lease or other transfer of the surplus property including, but not limited to, any RFQ, RFP, or other means of seeking and selecting proposals for development. Specifically the City will be given the opportunity to participate on the proposal evaluation team by providing up to two City employees to participate, one of which will be the Sound Transit liaison. The Sound Transit Liaison will be a voting member of the team and the other will participate as a non-voting technical advisor. Sound Transit GA 0015-18 Page 15 Ordinance No. 19-869 Page 15 of 224 Ord. #19-869 — Exhibit A uses an evaluation methodology where the members of the evaluation team discuss the strengths and weaknesses of each proposal in order to reach consensus on the preferred proposal. City participants are subject to the rules and requirements that apply to the evaluation team participants, including Sound Transit employees. Specifically, team participants must complete any Sound Transit training required in order to participate on an evaluation team, agree in writing to keep confidential team discussions and source selection information during their participation on the evaluation team, and declare in writing the existence of any conflicts of interest with any of the proposing firms. The Director of Sound Transit Procurement & Contracts Division has the authority to reject or remove any participants who do not meet the above requirements or violate any applicable rules or requirements. If the above occurs, the removed city staff member(s) will be replaced with another appropriate City participant. The City will participate in a meaningful way with Sound Transit in developing and evaluating any technical or informative studies and, in the event an agreement or other binding instrument is required to be entered into as part of the process, will participate in good faith to reach agreement on terms pertaining to or used to guide decisions regarding development of the surplus property. 8.15 23'd Avenue S at S 317th Street Roundabout. Sound Transit will construct a new roundabout intersection with concrete vehicular lanes at the intersection of 23rd Ave S and S 317th St. The preliminary roundabout is shown in the Pre -Final PE plans (see Exhibit B — letter of concurrence) and was designed sufficient to meet forecast traffic volumes through the 2035 design year. The City requested to add capacity to this intersection to accommodate expected future development. Sound Transit acknowledges the City's request to construct the roundabout such that a second lane for the vehicle movement from westbound S 317th St to southbound 23rd Ave S can be opened in the future with minimal construction interruption at the roundabout. Sound Transit and the City will work together in final design to configure the roundabout such that the ultimate two-lane footprint is constructed with the FWLE project. However, only one lane from westbound S 317th St to southbound 23rd Ave S will be opened with the FWLE project, and a temporary, physical barrier will protect the future lane. Once the City determines the second lane is needed, the City will remove the temporary barrier and revise channelization as needed to open the second lane. The City recognizes that Sound Transit's objectives as part of the Project are as follows: • The intersection will safely and efficiently accommodate pedestrian and vehicular traffic as forecast and disclosed in the Project's NEPA/SEPA documentation; ® Any changes in design to construct the roundabout as described will be done in a manner that does not require Sound Transit to acquire additional right-of-way or complete further environmental review. GA 0015-18 Page 16 Ordinance No. 19-869 Page 16 of 224 Ord. #19-869 — Exhibit A 9.0 DESIGN REVIEW, PERMITTING, AND INSPECTION 9.1 Project Administration. 9.1.A The City shall assign a City staff contact for the Project ("City Project Liaison"). The City Project Liaison shall provide central coordination of all Design Submittal and Permitting Package reviews and comments from all involved City departments and City -owned utilities and shall be an effective and empowered conduit between Sound Transit and other City staff. The City Project Liaison shall resolve any inconsistencies among review comments from the City departments and City -owned utilities and shall provide Sound Transit with consistent and consolidated review, comments, and decisions. At a minimum, the person filling this role for the City should have a Professional Engineer (PE) or Professional Planner (AICP) license and have 10 -years' experience in the field, preferably with an extensive construction management background. In addition to these tasks, the City Project Liaison shall participate in regularly scheduled project -level meetings. The City Project Liaison shall also be responsible for identifying and disclosing to Sound Transit as soon as practicable any other projects or City received applications (e.g., utility projects, transportation projects, private development projects) that have the potential to conflict or interfere with the expeditious design and construction of the Project. 9.1.13 Sound Transit will assign a Sound Transit staff contact for the Project ("ST Liaison"). At a minimum, the person filling this role should have a Professional Engineer (PE) or Professional Planner (AICP) license and have 10 -years' experience in the field, preferably with an extensive construction management background. The ST Liaison shall provide central coordination for Project Design Submittals and Project coordination. In addition to these tasks, the ST Liaison shall participate in regularly scheduled project -level meetings and be responsible for working with the Design -Build Contractor to provide the City with consistent and consolidated submittals and information. 9.2 Design -Build Contractor. Sound Transit shall obtain approval from the City for construction of the Project through submittal of the appropriate applications and Design Submittals as described in this Agreement. The City acknowledges that Sound Transit will be procuring this Project using design -build methods and further acknowledges that the Design -Build Contractor may, at Sound Transit's discretion, make any of the required submittals on Sound Transit's behalf. 9.3 Over -the -Shoulder Review. Sound Transit, the City, and Sound Transit's Design -Build Contractor will participate in on-going Over -the -Shoulder reviews throughout the design process. City participation will be facilitated by the City's Project Liaison, described in Section 9.1, who will be co -located on a part time basis at the Project job office and whose primary function it will be to identify and resolve issues to support the design process and development of plans that move forward to the permitting process. In addition to the required application and permit fees, Sound Transit shall reimburse the City for the time spent in ongoing Over -the -Shoulder reviews as defined in the City Services Agreement and related Task Orders. GA 0015-18 Page 17 Ordinance No. 19-869 Page 17 of 224 Ord. #19-869 — Exhibit A 9.4 Proposed Changes to the Preliminary Engineering Submittal. ST will provide to the City for conceptual review a package highlighting significant changes to the Project design proposed during the Design -Build Contractor procurement process and/or changes that were initiated by Sound Transit in preparing the RFP. The purpose of this submittal is to establish a baseline for the Project design that the Design -Build Contractor will continue to advance. This will be provided to the City for conceptual review. 9.5 60% Design Submittal. ST will provide to the City for review and comment a 60% Design Submittal for each design package (as identified by the Design -Build Contractor as part of its Permitting Plan, and as agreed by the City) incorporating a narrative and clouding changes pursuant to the City's review comments of the Preliminary Engineering Submittal. The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound Transit within a mutually -agreed upon timeframe after receipt of the submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 9.11); however, the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. Sound Transit will reimburse the City for time spent reviewing the submittal, pursuant to the City Services Agreement and its subsidiary Task Orders. If deemed necessary by the Parties, and after the City's review of the 60% design plans, Sound Transit's Design -Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the options for resolving the issues. 9.6 90% Design Submittal. ST will provide to the City for review and comment a 90% Design Submittal for each design package (as identified by the Design -Build Contractor as part of its Permitting Plan, and as agreed by the City) incorporating a narrative and clouding changes pursuant to the City's review comments on the 60% Design Submittal. The Design -Build Cunl.raclur has the option to obtain an appointment with the City's permit process team to discuss the submittal prior to review by the City. The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound Transit within a mutually -agreed upon timeframe of receipt of the submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 9.11); however, the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. Sound Transit will reimburse the City for time spent reviewing the submittal, pursuant to the City Services Agreement and its subsidiary Task Orders. If deemed necessary by the Parties, and after the City's review of the 90% design plans, Sound Transit's Design -Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the adequacy of or other options for resolving the issues. 9.7 100% Design Submittal. This submittal is intended as the Permit Submittal. Each permitting package will be submitted with 100% design plans for the subject project element, incorporating a narrative and clouding changes pursuant to the City's review comments from the 90% design submittal. The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound GA 0015-18 Ordinance No. 19-869 Page 18 Page 18 of 224 Ord. #19-869 — Exhibit A Transit within a mutually -agreed upon timeframe of receipt of the submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 9.11); however, the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. After the City's review of the 100% design plans, Sound Transit's Design -Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the adequacy of or other options for resolving the issues. This process may be revised in writing by the Designated Representatives outlined in the in Section 16 to improve the efficiency of the permitting process. 9.8 Issued for Construction. The Issued for Construction (IFC) set of drawings will serve as the basis for construction activities and field inspections. It will incorporate any required corrections based on review of the Permit Submittal, upon which the Design -Build Contractor will rely in constructing the Project, including, but not limited to a complete set of construction plans, drawings, and specifications. 9.9 City Liaison Role. The Parties contemplate that the ongoing, collaborative Over -the -Shoulder review (see Section 9.3) will keep the City's Project Liaison apprised of the latest developments in the design. The City's Project Liaison will coordinate review required by other City staff as a means of seeking informal feedback from the City. To the extent that disputes arise regarding code requirements and development standards, the Parties shall work to either meet the requirements and standards or request a modification based on site specific circumstances. Should the Parties reach an impasse implementing code requirements and development standards, the Parties shall use the dispute resolution process in Section 16. 9.10 Sound Transit Responsibility. Sound Transit is responsible for ensuring that the City receives prompt responses to City requests for additional documentation, plans, specifications, drawings, and explanations. 9.11 Protect Permitting Plan. The Parties recognize the mutual benefit of establishing an efficient and expedited process for seeking and obtaining permits to construct the Project in the City. As such, a Preliminary Project Permitting Plan has been developed by Sound Transit with input from the City. This Preliminary Project Permitting Plan is attached in Exhibit K and will be used by Sound Transit's Design -Build Contractor as guidance to develop and submit a Permitting Plan as one of the earliest critical activities. The Project Permitting Plan shall be developed with input from the City. Upon its submittal, Sound Transit will provide a copy of the plan for review and comment to the City. Sound Transit and the City shall work cooperatively to develop a final Permitting Plan that is implementable by the Design -Build Contractor. 9.12 Permits and Licenses. Sound Transit, at its sole cost and expense, shall (i) secure and maintain in effect, all federal, state, and local permits and licenses required for the construction, operation, and maintenance of the Light Rail Transit System, including, without limitation, crossing, zoning, building, health, environmental, and communication permits and licenses, and (ii) indemnify the City against payment of the costs thereof and against any fines or penalties that may be levied for failure to procure, or to comply with, such permits or licenses, as well as any remedial costs incurred by the City in curing any such failures. GA 0015-18 Page 19 Ordinance No. 19-869 Page 19 of 224 Ord. #19-869 — Exhibit A 9.13 Non -Interference. The City shall not interfere with Sound Transit's ability to secure, obtain, and maintain, at Sound Transit's sole cost and expense, any permits, licenses or approvals of other governmental agencies or authorities, or of any necessary Third Parties, for the use of any structures or facilities, including streets, roads, or utility poles provided Sound Transit complies with City Codes and requirements. 9.14 Inspection. 9.14.A Sound Transit -Owned Facilities within Transit Way. Sound Transit shall be responsible for inspection and acceptance of work for facilities constructed by Sound Transit's Design -Build Contractor for which Sound Transit has ownership, operating, and maintenance responsibilities. Work requiring permits from the City work must be permitted, approved, inspected and receive an appropriate Certificate of Occupancy or similar from the City in accordance with applicable codes and regulations. These facilities may include, but are not necessarily limited to: • LRT track and guideway, including all appurtenances such as catenary poles and wires, fencing and other barriers, train signals and other equipment necessary for operations; • LRT structures including bridges, abutments, retaining walls, and noise barriers constructed to mitigate the results of LRT -generated airborne noise; • Traction power substations and signal bungalows; and • Light Rail Transit stations and related passenger amenities including park-and-ride structures and transit station access facilities. 9.14.B City -Owned Facilities. The City shall inspect work performed by the Design -Build Contractor for facilities owned and maintained by the City following completion of construction. The City's acceptance of improvements is based on satisfactory inspection and testing of improvements. These components include, but are not necessarily limited to: • Street lighting standards; • Traffic signal poles and signal boxes; • Streets, sidewalks, curbs and gutters; and • Other infrastructure in the City's public rights-of-way or City -owned property. 9.14.0 Sound Transit -Owned Facilities in City Right -of -Way. The City will review and perform field verification of Sound Transit structures as part of the right-of-way use permit and related civil plan review to ensure that impacts to City right-of-way and City facilities are addressed. 9.14.1) Sound Transit Self -certification. Sound Transit will provide self -certification of traction power substations installed as part of Project construction. Documentation regarding the Parties' agreement regarding this issue is included as Exhibit L. GA 0015-18 Ordinance No. 19-869 Page 20 Page 20 of 224 Ord. #19-869 — Exhibit A 10.0 CONSTRUCTION 10.1 Design -Build Contractor Mitigation Plans. It is acknowledged by the Parties that Sound Transit shall require the Design -Build Contractor to develop mitigation and other plans that will be of interest to the City and its residents. The following plans shall be required of Sound Transit's Design -Build Contractor and shall be submitted to the City for review and approval prior to their acceptance by Sound Transit and the commencement of work. The City shall have 15 business days to complete its review of the mitigation plans. • Transportation Management Plan —Specifying the Design -Build Contractor's overall strategy for managing issues related to transportation during construction. • Maintenance of Traffic Plan — Specifying provisions for safely and adequately maintaining traffic during construction, including vehicular, pedestrian, bicycle and transit traffic. The plan shall include standard safety measures such as installation of advance warning signs, highly visible construction barriers and the use of flaggers, as appropriate. • Construction Noise and Vibration Mitigation Plan — Specifying means and methods implemented by the Design -Build Contractor to minimize noise and vibration during construction. • Emergency Response Plan — Sound Transit to submit to the City a copy of an Emergency Response Plan that addresses the construction period. • Construction Outreach and Communication Plan—Specifying Design -Build Contractor requirements for advance notification of construction activities and other actions that are of interest to the community, which shall include, but not be limited to, the following features: • A 24-hour construction hotline that provides telephone access for the public to get construction information and to make complaints and incident reports. • A multi -media public information program to provide current and advance information regarding street closures, hours of construction, business access, and parking impacts. • Maintain access to businesses and provide information on how to access businesses during construction. • Coordinate with businesses using a defined messaging plan that clearly communicates construction schedule and activities. • Clearly identify, and make accessible, paths to and from major transportation facilities, such as pedestrian routes, bicycle lanes, and bus routes and stops. • Maintain a construction issues response log that tracks construction related complaints and their resolution. GA 0015-18 Page 21 Ordinance No. 19-869 Page 21 of 224 Ord. #19-869 — Exhibit A 10.2 Mitigation of Construction -related Business Impacts. Sound Transit will work with affected business owners, the Chamber of Commerce and the City to implement Sound Transit's Business Relations Program to help businesses prepare for construction by providing clear and timely information, identifying physical mitigation, and marketing and promotions and partnership opportunities aimed at supporting businesses through Project construction (see Exhibit M, April 2018 "Sound Transit Business Relations Program"). Sound Transit shall request the assistance of local ethnic and minority community organizations to help tailor business -marketing programs to the specific needs of local business owners whose customers are mainly from a single ethnic group. 10.3 School District Outreach. Sound Transit will provide regular updates to the Federal Way School District to assist school officials in providing advance and ongoing notice to students and parents concerning construction activity near schools. Sound Transit will also work with the Federal Way School District to educate school officials and students about the light rail system and safe street -crossing and Link access procedures. 10.4 Contractor Haul Routes. FWRC 8.40.030 lists the pre -approved haul routes within the City. Sound Transit and the City have worked cooperatively to identify construction contractor haul routes in addition to those already approved by FWRC that may be used to transport materials and equipment necessary to construct the Project while minimizing impacts to City businesses and residents. The approved haul routes are depicted in Exhibit N and the City shall permit use of them by Sound Transit's Design -Build Contractor. Restoration requirements for haul routes shown that are not approved by the FWRC is described in section 10.6 of this agreement. In the event that the Design -Build Contractor proposes the use of alternate routes to Sound Transit, Sound Transit shall obtain the City's approval prior to accepting the Design -Build Contractor's proposal. 10.5 Construction Detour Routes. Sound Transit and the City have worked cooperatively to identify traffic detour routes that may be used as necessary when roads are closed due to construction activities. These detour routes are depicted in Exhibit O and the City shall permit use of them by Sound Transit's Design -Build Contractor. In the event the Design -Build Contractor proposes the use of alternate detour routes to Sound Transit, Sound Transit shall obtain the City's approval prior to accepting the Design -Build Contractor's proposal in accordance with the FWRC. Per the City Public Works Development Standards, no lane closures will be permitted within the City Center zone from the Friday after Thanksgiving Day, until the first City recognized business day of the following year. 10.6 Contractor Work Hours. The Parties acknowledge that Sound Transit's Design -Build Contractor may propose work outside of the City's standard permissible days and/or hours for construction. In the event such a proposal is received by Sound Transit from their Design -Build Contractor, the ST Liaison will work closely with the City's Project Liaison to consider the request and to facilitate the process of seeking a City work days, work hours, and/or noise variance, in accordance with the requirements of the Development Standards Manual and the FWRC as appropriate. GA 0015-18 Page 22 Ordinance No. 19-869 Page 22 of 224 Ord. #19-869 — Exhibit A 10.7 Prompt Repair of Public Rights of Way During Construction. Sound Transit shall promptly repair any and all Public Rights -of -Way or public property that is disturbed or damaged during the construction of its LRT System to substantially the same condition, or in the case of street surfaces, better condition if reasonably necessary and within a mutually agreed-upon timeframe commensurate with the scope of repairs. In the event Sound Transit does not comply with the foregoing requirement, the City may, upon reasonable advance notice to Sound Transit, take the actions to restore the Public Rights -of -Way or public property at Sound Transit's sole cost and expense. 10.8 Restoration of Contractor Haul Routes. Sound Transit shall restore the existing roadway pavement and other surface infrastructure within the public right-of-way that are affected by construction activities. Specifically, Sound Transit shall require its Design -Build Contractor to restore construction haul routes used by their Design -Build Contractor in the City within thirty (30) days of when use of the route is complete. This commitment to restoration of haul routes shall consist of provision of a 2 -inch mill and overlay of asphalt to be laid down after the cessation of Design -Build Contractor hauling activities on the route and prior to substantial completion of Project construction. This 2 -inch mill and overlay shall be provided from curb to curb along the route and shall be the extent of any agreed -to restoration. Specific to restoration of Military Road S, damaged concrete panels and/or joints shall be repaired or replaced prior to mill and overlay work. The City may request a fee in lieu of restoration (i.e., to receive the equivalent from Sound Transit as fee thereby waiving the requirement for Design -Build Contractor restoration) for any and all of the streets used as Project haul routes. If the City requests a fee in lieu of restoration, the City must notify Sound Transit in writing of this choice and for which (if not all) of the haul routes this fee shall apply. The fee in lieu shall be calculated using the most recent, credible bid received by the City for similar work or by some other methodology agreed during the preparations for issuance of Design -Build Contractor Notice -to - Proceed (NTP), through heavy construction and construction close-out (anticipated to occur in late 2024). The request for a fee in lieu of restoration will not be considered by Sound Transit if notification has not taken place prior to the initiation of Design -Build Contractor restoration. 10.9 Progress Reports. At the City's request, Sound Transit agrees to provide the City with copies of progress reports, status reports, construction contract reports, inspection reports, RFI logs, submittal logs, and schedule updates as generated by the Design -Build Contractor and as required in the construction contract for the Project. 10.10 Owners hi and Maintenance. The Parties have agreed conceptually to ownership and maintenance responsibilities for infrastructure and landscaping installed as part of the Project, as depicted in Exhibit P. The Parties understand and acknowledge that although the design plans that underlay Exhibit P may change as Project design advances, the following principles will remain unchanged. Sound Transit will own and maintain all infrastructure associated with the LRT System, including LRT Stations and all LRT Facilities. Upon acceptance of work completed by Sound Transit's Design -Build Contractor, the City will own and maintain roadway infrastructure installed within public rights-of-way, and other infrastructure installed as part of the Project that serves local needs. The City will be responsible for maintenance of all landscaping installed by Sound Transit's Design -Build Contractor in public rights-of-way beginning upon the close of the required plant establishment period required by City GA 0015-18 Page 23 Ordinance No. 19-869 Page 23 of 224 Ord. #19-869 — Exhibit A code. Sound Transit will be responsible for maintenance of all landscaping installed on property controlled by Sound Transit. 11.0 MINOR REVISIONS TO PROJECT APPROVALS Pursuant to FWRC 19.85.210, the Director of Community Development or designee is authorized to approve minor revisions to the Project in accordance with the requirements of the FWRC that are necessary and generally consistent with this Agreement and are in accordance with the requirements of the FWRC. Such minor revisions shall include: (a) any revisions within the scope and intent of the original Project approvals, and/or (b) any revisions within the scope of the Project environmental documents. 12.0 UTILITY RELOCATION 12.1 CitV Utilities. The Parties acknowledge that certain utilities, specifically storm and fiber optic systems and appurtenances, owned by the City and located on City property or within public right-of-way will be relocated and, or impacted by the Project. Sound Transit will relocate the City -owned utilities that conflict with the Project at Sound Transit's expense. That portion of the Design -Build Contractor's work consisting of the City's storm and fiber optic systems and appurtenances shall not be given final acceptance until it is approved in writing by the City. The City shall not unreasonably withhold final acceptance. 12.2 Other Utilities. Sound Transit may enter into separate agreements with non -City utility entities regarding the relocation of their facilities; however, the City will continue to assist Sound Transit in pursuit of timely agreement by such utilities to relocate its facilities so as not to impact the Project schedule. 13.0 LIABILITY, INDEMNIFICATION 13.1 Indemnification. Sound Transit hereby agrees to indemnify, defend, and hold harmless the City from any and all claims, demands, suits, actions, damages, recoveries, judgments, and expenses, including, without limitation, reasonable attorneys' fees, paid by the City, and arising or growing out of, in connection with, or resulting from, either directly or indirectly, the construction, maintenance, operation, repair, removal, occupancy, and use of the Light Rail Transit System in the Light Rail Transit Way by Sound Transit, except to the extent such claims arise from the City's sole or partial negligence. 13.2 Notice of Claims. The City shall give Sound Transit prompt notice of any claims directly affecting Sound Transit about which it is aware. Sound Transit shall promptly assume responsibility for the claim or undertake the defense of any litigation on behalf of the City. The City shall cooperate fully with Sound Transit in the defense of any claim to the extent that such cooperation is not contrary to the interests of the City. The City shall not settle any claim directly GA 0015-18 Page 24 Ordinance No. 19-869 Page 24 of 224 Ord. #19-869 — Exhibit A affecting Sound Transit without the prior written consent of Sound Transit, which consent shall not be unreasonably withheld. 13.3 Sound Transit LFabiIL. Sound Transit expressly assumes potential liability for actions brought by Sound Transit's employees and agents against the City and, solely for the purpose of this indemnification, expressly waives any immunity under the Industrial Insurance Law, Title 51 RCW. Sound Transit acknowledges that this waiver was entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. 13.4 Survival. The indemnification obligations provided in this Section shall survive termination of this Agreement. 14.0 INSURANCE 14.1 Commercial and Self -Insurance. Sound Transit shall, at its sole expense, obtain and maintain during the entire term of this Agreement an appropriate program of commercial insurance, self- insurance or any combination thereof in amounts and types sufficient to satisfy its liabilities. When commercial insurance is utilized, Sound Transit shall name the City as an Additional Insured in accordance with insurer underwriting practices, and Sound Transit insurance policies shall be primary and non-contributory to any coverage maintained by the City. Sound Transit waives all rights of subrogation against the City for claims by third -parties arising under this Agreement except for that portion of the claims caused by the City's negligence. The limits of Sound Transit's selected coverage program in no way diminish Sound Transit's obligations to the City as set forth in this Agreement. Sound Transit shall maintain this coverage program throughout the term of this Agreement, and for six (6) years after its termination, to protect the City against claims that may arise as a result of the construction, operation, or maintenance of the Project. When commercial insurance is used, coverage shall include: (i) comprehensive general liability insurance; (ii) property damage liability insurance, including coverage for explosion, collapse, and instability; (iii) workers' compensation insurance, to the extent required by law; (iv) employer's liability insurance; and (v) comprehensive auto liability coverage, including owned, hired, and non -owned vehicles. 14.2 Insurers. When commercial insurance is used, Sound Transit shall carry such commercial insurance with responsible insurers, or self -insure or participate in an insurance pool or pools, at levels of coverage or with reserves adequate, in the reasonable judgment of Sound Transit, to protect Sound Transit and the City against loss, and as are ordinarily carried by municipal or privately owned entities engaged in the operation of facilities comparable to the Project. 14.3 Certificates of Insurance. Sound Transit shall file with the City's Law Department a formal letter of self-insured status, or when commercial insurance is used, Certificates of Insurance reflecting evidence of the required insurance and naming the City as an additional insured where GA 0015-18 Page 25 Ordinance No. 19-869 Page 25 of 224 Ord. #19-869 — Exhibit A appropriate. The coverage maintained by Sound Transit under this Agreement shall not be canceled until at least thirty (30) days' prior written notice has been given to the City. 14.4 Remedies. If Sound Transit fails to maintain the appropriate program of commercial insurance, self-insurance or any combination thereof in amounts and types sufficient to satisfy its liabilities, the City may order Sound Transit to stop construction or operation of the Project until the appropriate insurance coverage program is obtained. 15.0 LIENS 15.1 Liens. The Project Facilities are not subject to a claim of lien. In the event that any City property becomes subject to any claims for mechanics', artisans' or materialmens' liens, or other encumbrances chargeable to or through Sound Transit that Sound Transit does not contest in good faith, Sound Transit shall promptly, and in any event within thirty (30) days, cause such lien claim or encumbrance to be discharged or released of record, by payment, posting of bond, court deposit or other means, without cost to the City, and shall indemnify the City against all costs and expenses, including attorney fees, incurred in discharging and releasing such claim of lien or encumbrance. If any such claim or encumbrance is not so discharged and released, the City may pay or secure the release or discharge thereof at the expense of Sound Transit after first giving Sound Transit five (5) business days' advance notice of its intention to do so. The City shall use its reasonable best efforts to keep Sound Transit's facilities free of all liens that may adversely affect the Project. 15.2 Contest of Claims. Nothing herein shall preclude Sound Transit's or the City's contest of a claim for lien or other encumbrance chargeable to or through Sound Transit or the City, or of a WrItract or action upon which the same arose. 15.3 Claim of Ownership. Nothing in this Agreement shall be deemed to give, and the City hereby expressly waives, any claim of ownership in and to any part or the whole of the Project except as may be otherwise provided herein. 16.0 DISPUTE RESOLUTION Any disputes or questions of interpretation of this Agreement that may arise between Sound Transit and the City shall be governed under the Dispute Resolution provisions in this Section. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process, rather than in the media or through other external means. 16.1 Dispute Escalation. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level. The Parties agree to use their best efforts to resolve GA 0015-18 Page 26 Ordinance No. 19-869 Page 26 of 224 Ord. #19-869 — Exhibit A disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: 16.1.A Level One. Sound Transit's Executive Project Director, or equivalent, and the City's Project Liaison shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. 16.1.13 Level Two. Sound Transit's Executive Director of Design, Engineering, and Construction Management and the City's Director of Public Works shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. 16.1.0 Level Three. Sound Transit's Chief Executive Officer or Designee and the Mayor or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Three, either party may refer the dispute to Level Four. 16.2 If Dispute Resolution Fails. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the Parties shall continue to perform and make any required payments under this Agreement and other agreements in the same manner and under the same terms as existed prior to the dispute. 17.0 DEFAULT No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty (30) calendar days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. Any party not in default under this Agreement shall have all rights and remedies provided by law including without limitation damages, specific performance or writs to compel performance or require action consistent with this Agreement. 18.0 REMEDIES; ENFORCEMENT 18.1 Remedies. The Parties reserve the right to exercise any and all of the following remedies, singly or in combination, in the event the other violates any provision of this Agreement after following the dispute resolution process: GA 0015-18 Page 27 Ordinance No. 19-869 Page 27 of 224 Ord. #19-869 — Exhibit A (a) Commencing an action at law for monetary damages; (b) Commencing an action for equitable or other relief; and (c) Seeking specific performance of any provision that reasonably lends itself to such remedy. 18.2 Rernedy Considerations. In determining which remedy or remedies for violation are appropriate, a court may take into consideration the nature and extent of the violation, the remedy needed to prevent such violations in the future, whether the breaching party has a history of previous violations of the same or similar kind, and such other considerations as are appropriate under the circumstances. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. 18.3 Failure to Enforce Prompt Com li�ance. Neither party shall be relieved of any of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other party to enforce prompt compliance, nor shall such failure to enforce constitute a waiver of rights or acquiescence in the other party's conduct. 19.0 TERM; TERMINATION 19.1 Effective Date. This Agreement shall be effective as of the date the last party signs. Unless sooner terminated pursuant to the terms hereof, this Agreement shall remain in effect for so long as the Project is used for public transportation purposes. 19.2 Terrnination. Upon termination of this Agreement, Sound Transit agrees to prepare, execute and deliver to the City all documentation necessary to evidence termination of this Agreement or portion thereof so terminated. No such termination, however, shall relieve the Parties hereto of obligations accrued and unsatisfied at such termination. 19.3 Cessation of Project. Upon the cessation of use of the Project, to the extent any portion of it remaining in the Public Right -of -Way or on any other public property is not removed by Sound Transit, the City, as expressed by ordinance, may deem it abandoned and it shall become the property of the City. If the City does not desire such ownership, Sound Transit shall remove any remaining portion of the Project. 19.4 removal Plan. Sound Transit shall file a written removal plan with the City not later than sixty (60) calendar days following the date of the receipt of any orders directing removal, or any consent to removal, describing the work that will be performed, the manner in which it will be performed, and a schedule for removal by location. The removal plan shall be subject to approval and regulation by the City. The affected property shall be restored to as good or better condition than existed immediately prior to removal. GA 0015-18 Page 28 Ordinance No. 19-869 Page 28 of 224 Ord. #19-869 — Exhibit A 20.0 COVENANTS AND WARRANTIES 20.1 City Warranties. By execution of this Agreement, the City warrants. 20.1.A That the City has the full right and authority to enter into and perform this Agreement and any permits that may be granted in accordance with the terms hereof, and that by entering into or performing this Agreement the City is not in violation of its charter or by-laws, or any law, regulation or agreement by which it is bound or to which it is subject; and 20.1.6 That the execution, delivery and performance of this Agreement by the City has been duly authorized by all requisite corporate action, that the signatories for the City hereto are authorized to sign this Agreement, and that, upon approval by the City, the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 20.2 Sound Transit Warranties. By execution of this Agreement, Sound Transit warrants: 20.2.A That Sound Transit has full right and authority to enter into and perform this Agreement in accordance with the terms hereof, and by entering into or performing under this Agreement, Sound Transit is not in violation of any of its agency governance rules, or any law, regulation or agreement by which it is bound or to which it is subject; and 20.2.13 That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite Board action, that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 21.0 RECORDINGS, TAXES AND OTHER CHARGES 21.1 Recording. This Agreement shall be recorded pursuant to the requirements of 36.70B.190. 21.2 Recording Costs. Sound Transit shall pay all transfer taxes, documentary stamps, recording costs or fees, or any similar expense in connection with the recording or filing of any permits that may be granted hereunder. Sound Transit further agrees that if it is determined by any federal, state, or local governmental authority that the sale, acquisition, license, grant, transfer, or disposition of any part or portion of the Project or rights herein described requires the payment of any tax, levy, excise, assessment, or charges, including, without limitation, property, sales or use tax, under any statute, regulation, or rule, Sound Transit shall pay the same, plus any penalty and/or interest thereon, directly to said taxing authority and shall hold the City harmless therefrom. Sound Transit shall pay all taxes, levies, excises, assessments, or charges, including any penalties and/or interest thereon, levied or assessed on the Project, or on account of their existence or use, including increases attributable to such existence or use, and excluding taxes based on the income of the City, and shall indemnify the City against payment thereof. Sound GA 0015-18 Ordinance No. 19-869 Page 29 Page 29 of 224 Ord. #19-869 — Exhibit A Transit shall have the right to claim, and the City shall reasonably cooperate with Sound Transit in the prosecution of any such claim for refund, rebate, reduction or abatement of such tax(es). 21.3 If Sound Transit Does Not Pay Recording Costs. The City may pay any tax, levy, excise, assessment or charge, plus any penalty and/or interest thereon, imposed upon Sound Transit for which Sound Transit is obligated pursuant to this Section if Sound Transit does not pay such tax, levy, excise, assessment, or charge when due. Sound Transit shall reimburse the City for any such payment made pursuant to the previous sentence, plus interest at the prime rate per annum, as published in the Wall Street Journal. 22.0 ASSIGNABILITY; BENEFICIARY 22.1 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors or assignees. No assignment hereof or sublease shall be valid for any purpose without the prior written consent of the other party, and any attempt by one party to assign or license the rights or obligations hereunder without prior written consent will give the other party the right, at its written election, immediately to terminate this Agreement or take any other lesser action with respect thereto. The above requirement for consent shall not apply to (i) any disposition of all or substantially all of the assets of a party, (ii) any governmental entity merger, consolidation, or reorganization, whether voluntary or involuntary, (iii) a sublease or assignment of this Agreement, in whole or in part, to a governmental entity, or (iv) a sale, lease, or other conveyance subject to those requirements set forth in this Agreement; provided, however, that no sublease or assignment under (ii) or (iii) shall be permitted to a governmental entity not operating, constructing or maintaining the Project on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 22.2 Assi;;nment. Either party hereto may assign any monetary receivables due them under this Agreement; provided, however, such assignment shall not relieve the assignor of any of its rights or obligations under this Agreement. 22.3 Designees. Sound Transit acknowledges and agrees that the City may designate, in writing, a designee to (i) receive information (including information designated or identified as confidential) and notices under this Agreement, and (ii) provide certain approvals or consents required from the City under this Agreement. In the event of such designation, Sound Transit may rely on approvals or consents by such designee on behalf of the City as fully as if such actions were performed by the designator itself. 22.4 Beneficiaries. Neither this Agreement nor any term or provision hereof, or any inclusion by reference, shall be construed as being for the benefit of any party not a signatory hereto. GA 0015-18 Page 30 Ordinance No. 19-869 Page 30 of 224 Ord. #19-869 — Exhibit A 23.0 DESIGNATED REPRESENTATIVES 23.1 Designated Representatives. To promote effective intergovernmental cooperation and efficiencies, the Parties each designate a representative ("Designated Representative") who shall be responsible for coordination of communications between the Parties and shall act as the point of contact for each party. The Designated Representatives shall be responsible for the performance of the objectives of this Agreement. Each Designated Representative is also responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement. Designated Representatives and Contact Information during Construction/Operations: SOUND TRANSIT Dan Abernathy 401 S Jackson St Seattle, WA 98104 (206) 903-7170 Dan.abernathy@soundtransit.org CITY OF FEDERAL WAY EJ Walsh, P.E. 333258 th Avenue South Federal Way, WA 98003 (253) 835-2710 ej.walsh@cityoffederalway.com 23.2 Right to Change Designated Representatives. The Parties reserve the right to change Designated Representatives, by written notice to the other party during the term of this Agreement. Each party's Designated Representative is named above with the individual's contact information. 24.0 NOTICE Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to the Designated Representative. Any party at any time by written notice to the other party may designate a different address or person to which such notice or communication shall be given. Unless otherwise provided herein, all notices shall be in writing and shall be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv) delivered electronically to the other party's Designated Representative as listed herein. However, notice under Section 20, Termination, must be delivered in person or by certified mail, return receipt requested. 25.0 GENERAL PROVISIONS 25.1 Unreasonable With hold in¢. The Parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The Parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City GA 0015-18 Page 31 Ordinance No. 19-869 Page 31 of 224 Ord. #19-869 — Exhibit A and Sound Transit agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 25.2 Interpretation. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. 25.3 Time is of the Essence. Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day. 25.4 Citv Notice of Decision. Upon City Council approval of this Agreement, the City shall issue a notice of decision that conforms to the content and distribution requirements of Chapter 19.85 FWRC Development Agreements. 25.5 Rights of Action. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25.6 Ambiguity. This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law including the requirements of RCW 36.70A.200. 257 Fvenk Beyond Parties Control. The Parties shall not be deemed in default with provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances, floods or other natural catastrophes beyond its control; the unforeseeable unavailability of labor or materials; or labor stoppages or slowdowns, or power outages exceeding back-up power supplies. This Agreement shall not be revoked or a party penalized for such noncompliance, provided that such party takes immediate and diligent steps to bring itself back into compliance and to comply as soon as practicable under the circumstances without unduly endangering the health, safety, and integrity of both parties' employees or property, or the health, safety, and integrity of the public, public Right -of -Way, public property, or private property. 25.8 Agreement Amendments. This Agreement may be amended only by a written instrument executed by each of the Parties hereto. No failure to exercise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. GA 0015-18 Ordinance No. 19-869 Page 32 Page 32 of 224 Ord. #19-869 — Exhibit A 25.9 Agreement Entirely. This Agreement constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, oral and written, understandings and agreements with respect hereto. 25.10 Section headings. Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 25.11 Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 25.12 Rights of Federal A encics. Sound Transit's design and construction of the Project is subject to a financial assistance contract between Sound Transit and the United States Department of Transportation, and the FTA. Both parties recognize that the FTA may request a change to this Agreement to comply with its funding requirements. 26.0 SEVERABILITY In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. IN WITNESS WHEREOF, each of the parties has executed this Agreement by its authorized representative. CENTRAL PUGET SOUND REGIONAL TRANSIT THE CITY OF FEDERAL WAY AUTHORITY (SOUND TRANSIT) By: Peter M. Rogoff, Chief Executive Officer Date: Authorized by Motion No. APPROVED AS TO FORM: By: Amy Jo Pearsall, Senior Legal Counsel GA 0015-18 Ordinance No. 19-869 By: Jim Ferrell, Mayor Date: Authorized by Ordinance No. APPROVED AS TO FORM: Bv: Ryan Call, City Attorney Page 33 Page 33 of 224 Ord. #19-869 — Exhibit A EXHIBIT LIST Exhibit A: Project Description and General Alignment Exhibit B: Letter of Concurrence: Right -of -Way Cross Sections Exhibit C: Mitigation Plan from FWLE Record of Decision Exhibit D: Letter of Concurrence: Landscaping Exhibit E: Conduit Plan and Section Exhibit F: Code Vesting Exhibit G: Letter of Concurrence: Environmentally Critical Area Impacts Exhibit H: Letters of Concurrence: Stormwater Management Exhibit I: On -street Parking Inventory—Study Area Exhibit J: Pedestrian Connection Improvements to 320th Park and Ride Exhibit K: Preliminary Permitting Plan Exhibit L: TPSS Self -Certification Letter Exhibit M: Sound Transit Business Relations Program (April 2018) Exhibit N: Approved Contractor Haul Routes Exhibit O: Approved Construction Detour Routes Exhibit P: Operations and Maintenance Responsibilities Exhibit Q: Essential Public Facility Letter GA 0015-18 Page 34 Ordinance No. 19-869 Page 34 of 224 EXHIBIT A: PROJECT DESCRIPTION AND GENERAL ALIGNMENT Ordinance No. 19-869 Page 35 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 36 of 224 EXHIBIT A: GENERAL DESCRIPTION OF LIGHT RAIL ALIGNMENT AND STATION LOCATION General Description of Federal Way Link Extension Alignment and Station Location in Federal Way Route: Approximately 3.3 miles from the northern City limits on the south side of S 272nd Street in a combination of retained cut, retained fill, at -grade, and elevated structures to the existing 1-5 direct access roundabout on S 317th Street, and then elevated heading west on the south side of S 317th Street and then heading south on the west side of 23rd Ave S through the proposed Federal Way Transit Center Station, to approximately 400 feet south of S 320th Street. Station: Elevated south of the existing Federal Way Transit Center. Ordinance No. 19-869 Page 37 of 224 NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan, METI, Esn China (Hong Kong), swisslopo, Mapmylndia, ® OpenSlreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension Ordinance No. 19-869 Page 38 of 224 Legend S 272nd Station Alignment At -Grade - �i IIIIIIIIIIIIII Elevated .:-Trench Station Platform a - City Boundary rrT= WSDOT ROW Kentrl_. �`' ~Federal Way Star L SEATAC a * O y U a DES �r MOINES i- KENT 71.11.ga1 J 7 U) �{ LL � l s 1 e I t i jy k t F_-PEPL- vwPYI j �9 1 SerAce Laver Credits: Sources EsM. HERE DaLoma lw ::mal i:_n -;E7-,-1_ JSLS FAD NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan, METI, Esn China (Hong Kong), swisslopo, Mapmylndia, ® OpenSlreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension Ordinance No. 19-869 Page 38 of 224 Legend Alignment 1 -Grade At 11111111111111 Elevated Trench -kill S 2791h St City Boundary SEATAC 74 DES MOINES IT '82 rd St NPS, NRCAN, GeoBase, IGN, KadasterNL, Ordnance Survey, Esd Japan, ME -1-1, emChina (Hong Kong), -------'------'----- contributors, and the GIS --- Community -- UohdRail Alignment and Station Locations N City DfFederal Way o rs 150 onn 450 Feet Federal Way Link Extension Ordinance No. 19'869 Page oomuu* KENT S 294th St S 28 411h 9k S 285th Pi NPS, NRCAN, GeoBase, IGN, KadasterNL, Ordnance Survey, Esd Japan, ME -1-1, emChina (Hong Kong), -------'------'----- contributors, and the GIS --- Community -- UohdRail Alignment and Station Locations N City DfFederal Way o rs 150 onn 450 Feet Federal Way Link Extension Ordinance No. 19'869 Page oomuu* 3VX;djFWLE m.m I FraMfWayinyd . .. \\ \ Legend \ Alignment T \ UIA!&ke \ \ 11111111111111 Elevated \ A ■ r Trench —.— — City Boundary \ > w IDO TRO w , , ( \ \ ( \ \ } ) < 1, S7 \ . k7& -_] ene r " }� \ - U. ES MOINES L 4- 0 J u t / @g \S _ } r_KENT — ,. / } / ] a: / J . - f ! ^m»SL 2 ! \\. \ . 7d ig / FL ,�t F�ƒ§ �§ , - r ) J -- k � -\ _ } 2 .� « } j � Z i —- am -a __:mxer�_m_mp,increment ,a«—wanUb, _. mRCAy__�IGN,m_rNL, Ordnance Survey, mJapan, a=mChina (Hong # __mom +_m,o _,_ __m and the m _r a_ Light Rail g)nmeland Station Locations A` I I I I I Ci! / Federal Way o 75 150 300 a �! Federal Way Link Extension Ordinance No. 19-869 Page 40 @224 1111 5! 1, P, st '711'7"'eroury ()I S11 C,3,1t,0l 796th St S 2991h St S301sl St -S 30I4..4, IN 0 75 150 300 450 Feet Ordinance No. 19-869 Legend Alignment At -Grade 11111111111111 Elevated Trench City Boundary T -n= WSDOT ROW S 295th SEATAC I DES MOINES KENT I Ir FEDFqr-A[— 0 z Light Rail Alignment and Station Locations City of Federal Way Federal Way Link Extension Page 41 of 224 Y102EPts r FWLE FhJ 24FC5 LNWft - ILegend Alignment At -Grade IIIIIIIIIIIIII Elevated Trench _ --�-- City Boundary m _ � � R rrr= WSDOT ROW LLL i- i SEATAC I t I i I r DES MOINES C C' i' r' rn — a' KENT L L'— — m i� x it i I f r�1 -LLrLh�.I 1 �I iN;oYI j c� I � IIh 51 z z 14 Service Layer urems: bources: tan, HtNt, UeLOrme, Irilp:i: ii if, r. .. NPS, NRCAN, Geoease, IGN, Kadaster NL, Ordnance Survey, Esd Japan, ME-, r.- China (Hong Kong), swisstopo, Mapmylndia, ® OpenStreetMap contributors, and the GIS User Comn,. Wiry Light Rail Alignment and Station Locations N ACity of Federal Way 0 75 150 300 450 Feet Federal Way Link Extension Ordinance No. 19-869 Page 42 of 224 S3!I'h51 J 312th St ste-n l La6-- Park S 3171 I- SI 5 C;:1Id'.Yl r �1l SeMce Lwow Credits: Sources: Esn, HER-, OeLorrne., Intnrmsp, increment P Corp..GEECO, U5G5, FAO, Legend Alignment At -Grade 1 j IIIIIIIIIIIIII Elevated j Trench 1 —•—•- City Boundary / III I I , WSDOT ROW j 1 1 SEATAC DES MOINES L r t KENT il NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, tsn Japan mL it, tsn Lntna Imong hong+ swisstopo, Mapmylndia, ® OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations A" I i I I I I City of Federal Way o 75 150300 450 Feet Federal Way Link Extension Ordinance No. 19-869 Page 43 of 224 rV., Legend Alignment At -Grade IIIIIIIIIIIIII Elevated _ _' Trench Station Platform —•—•• City Boundary rn-rrt WSDOT ROW SEATAC DES MOINES e L ' i )19th Pt r' gim Fyrn;. KENT ,. L__ r l Federal Way 4 I Transit Center Station ti ' 1 �I I i ZZ — lZ II FEDr R..I. A'AY I Z r-0 tii fl U:�R, �S2 z I� r^ `I lnn I I 17: Service Layer Credits: Sourms: Esti, HERE, DaLorme. Inte"ap. increment P Coro... GEBCO. USGS. FAO. NPS, NRCAN, GeoBase, IGN, KadasterNL, Ordnance Survey, Emi Japan, MET1, ESO China (Hong Kong), swisstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community Light Rail Alignment and Station Locations N N City of Federal Way 0 75 t 50 300 450 Feet Federal Way Link Extension Ordinance No. 19-869 Page 44 of 224 EXHIBIT B: LOC RIGHT-OF-WAY CROSS-SECTIONS Ordinance No. 19-869 Page 45 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 46 of 224 June 30, 2017 Marwan Salloum, P.E. 33325 8th Avenue South Federal Way, WA 98003 Subject: Federal Way Link Extension Letter of Concurrence 003, City of Federal Way Right -of -Way Cross - Sections Dear Mr. Salloum, To meet the Sound Transit Board's goal of starting revenue operations in 2024, it is critical that property acquisition activities begin immediately. Sound Transit anticipates requesting Board authorization to acquire numerous parcels in the City of Federal Way this July. A key activity is confirming that the roadway cross- sections to be improved by Sound Transit are consistent with current City street standards. Your staff reviewed previous drawings and provided comments. This submission identifies the changes and updates the drawings. The following exhibits and drawings depict cross sections for 301h Ave S, S 317th St, Roundabout Approach at 23rd Ave S, Roundabout at S 317th St & 23rd Ave S, 22nd Ave S, S 318th St, and S 319th St, consistent with the Pre -Final Preliminary Engineering Submittal, dated July 29, 2016, which was provided to the City, as well as any City comments on the Pre -Final Submittal and in satisfaction of all City codes. Drawing L15-CRP301 and Exhibit F -A depict 30th Ave S (revised after Pre -Final submittal) Drawing L15-CRP351 and Exhibit F -B depict Existing S 317th St (revised after Pre -Final submittal) Drawing L15-CRP352 and Exhibit F-1 depict the Roundabout Approach at 23rd Ave S and the Roundabout at S 317th St and 23rd Ave S Drawings L15-CRP354, 355 and Exhibit F-2 depict 22nd Ave S a Drawing L15-CRP357, 358 and Exhibit F-3, F-4, F-5 depict proposed S 317th St, S 318th St and S 319th St Excluded from the set: • Exclusion from the set: ST concurs with a concrete roadway improvement of S 317th St between the 23rd Ave S Roundabout and 28th Ave S Roundabout. The plan sheets will be included in a separate letter. The revisions from the previous Letter of Concurrence submittal are summarized, below: General Notes added to plans and typical sections ROW width notation added Proposed sidewalk width on the north side of S 317th St adjusted to 12 ft; ST sidewalk width to vary Toe of cut/fill adjusted to match the proposed ROW line • 22nd Ave S between S 319th and S 320th revised to concrete pavement Central Puget Sound Regional Transil Authority • Union Station 401 S Jackson St , Seattle, 4VA 98104-2826 - Reception: (206) 396-5000 - FAX: (206) 396-5499 ,~ soundtransil org Ordinance No. 19-869 Page 47 of 224 • ROW line adjusted on Sheet L15-CRP352 The City of Federal Way requested that the Right -of -Way line be located 12 ft behind the curb line along the east side of S 317th St. Doing this puts the ownership and maintenance split in the middle of the sidewalk. Sound Transit requests to keep the Right -of -Way line behind the back of sidewalk as currently proposed for S 317th St, S 318th, and S 319th St. Sound Transit requests the Cit/,s s confirmation that the Right-af-Way Cross -Sections shown in the exhibits to this letter are consistent with current City Street Standards. Approval is of the cross section design within the Right -of -Way only. Proposed improvements outside of the Right -of -Way are for demonstration purposes only. Please indicate your concurrence by signing below and returning one copy of this letter to us by July 5, 2017 so that ROW certification and property acquisition for the project can continue on schedule. If you have any questions, pleas-emar-t Dan AhernaqCy4t (20) 398-5000 or dan.abernathy@soundtransit.org. Sincerely Dan Abernathy Federal Way Link Extension Director DECM Concurr@uce: City of Fedal Way \ n By: Mann Salloum Publicworks Director City of Federal Way Exhibits: Drawing and Exhibits :LI Date Central Puget Suurd P.egional transit Authority -Union Station 461 S Jackson St. Seattle, WA 98' 04-2329 • Recaplron (206) 398-5000 • FAX. ;206) 398-5499 WIWI soundtransit.org Ordinance No. 19-869 Page 48 of 224 V- N N 07 m 0 Lol LOfdaM'SO 9MO 33S zl� i gguw�� Q �o,Fag 2¢ P. [11 P. V N 0 O LON O1 a m m 0 c�a a a a Z O = Z i U WmW � ri w QFW 3== JO U' j W Q Wa 1, zl� i gguw�� Q �o,Fag 2¢ P. [11 P. V N 0 O LON O1 a m m 0 c�a a 1S H168d S LOEdMo-B 0 9M0 33S w �z a -z 2 p a- LU I c 2 A y o H z a v Hw 2 a WAN NQ --a uj J-3 ZZW oz� JUQ. Z-4 a,LE Y¢za°a -m�LL "08 ws a�w 3ZK w w w 10 0 'a W a w Wages U. c'.i3o,woSzmo otm Sys o P Hl 1U�w Fw� r �Fo i' r v N N 0 LO am rn a M . . : . . � k ��|/ § ■ § ||(§!® L §f Wig � / q// _ ` r,•.�! m � \ �) §|§ �(��§) ■ \ $ ` �.9 gig k ._...__._�__._.. 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Zox{���D��� Wo5y76� k' Ss#� 3OW z� X I +�.qC4 wrali 7800 Q 8I' d v d d O W T+rz"� a UJ go UA C z a W a o o U.i 15 8 __--= i �251 J I � - ICJ •LI .1[ ?� 2 LU -,� `, -� �, �.� � LSHLsers _ 7' w".• ' T � � ... �� � � I 6 A D LJ .16 Lsd� F OZ W 1 , i w o: ch a U U— LI— I I o $ LL s rwLS6dH"� l DMO 33S 8 w v N N O t rn caa- 0) rn co co W 0 a O m {{o a� W W (D aw 1S H1QZrs R Z WW(� - $'�zd feou O i _ Wmw .V — v z~W fig: "V rSy ILL ri W T+rz"� a UJ go UA C z a W a o o U.i 15 8 __--= i �251 J I � - ICJ •LI .1[ ?� 2 LU -,� `, -� �, �.� � LSHLsers _ 7' w".• ' T � � ... �� � � I 6 A D LJ .16 Lsd� F OZ W 1 , i w o: ch a U U— LI— I I o $ LL s rwLS6dH"� l DMO 33S 8 w v N N O t rn caa- 0) rn co co W 0 a O m CL CL June 26, 2017 Marwan Salloum, P.E 33325 8th Avenue South Federal Way, WA 98003 Subject: Federal Way Link Extension Letter of Concurrence 003, City of Federal Way Right -of -Way Cross- sections Dear Mr. Salloum, To meet the Sound Transit Board's goal of starting revenue operations in 2024, it is critical that property acquisition activities begin immediately. Sound Transit anticipates requesting Board authorization to acquire numerous partials in the City if Federal Way this July. A key activity is confirming that the roadway cross- sections to be improved by Sound Transit are consistent with current City street standards. Your staff reviewed previous drawings and provided comments. This submission identifies the changes and updates the drawings. The following exhibits and drawings depict cross sections for 30th Ave S, S 317th St, Roundabout Approach at 23rd Ave S, Roundabout at S 317th St & 23rd Ave S, 22nd Ave S, S 318th St, and S 319th St, consistent with the Pre -Final Preliminary Engineering Submittal, dated July 29, 2016, which was provided to the City, any City comments on the Pre -Final Submittal and in satisfaction of all City codes. Drawing L15-CRP301 and Exhibit F -A depicts 30th Ave S. [revised after Pre -Final submittal] Drawing L15-CRP351 and Exhibit F -B depict existing S 3171h St. [revised after Pre -Final submittal] • Drawing L15-CRP352 and Exhibit F-1 depict the Roundabout Approach at 23rd Ave S and the Roundabout at S 317th St & 23rd Ave S • Drawings L15-CRP354, 355 and Exhibit F-2 depict 22nd Ave S Drawings L15-CRP357, 358 and Exhibit F-3, F-4, F-5 depicts proposed S 3171h St, S 31811% St, and S 319th St. Excluded from set: �3f, a Exclusion from set: ST concurs to a concrete roadway improvement of S 317th St between the S 3*h lkoL 5 , -6t Roundabout and Z5, -PI �i, The plan sheets will be included in a separate fetter. The revisions from the previous Letter of Concurrence subinittal are summarized, below: • General Notes added to plan and typical sections. • ROW width notation added. • Proposed sidewalk width on the north side of S 317th St adjusted to 12ft. ST sidewalk width to vary. Toe of cut/fill adjusted to match the proposed ROW line. e 22nd Ave S between 319th and 3201h revised to concrete pavement. Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www, s ou n d ira nsit, o rg Ordinance No. 19-869 Page 67 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 68 of 224 CGUMO-S 0 'JMO 33S a 47 1 / r e / .AF.�a� n• _ � 111 �I, �Z� J S r ti r. • Z y�. Z 1qq- r. 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N N L U N 21 p O N V N E N U U U y ` +O• E N -u d L d LU c7 to 2 a' un (o to u, (o LO c c C C C C O7 O1 O1 OI O7 O] O N I7 l0 U C Eli U m T N O y m E Z c (n m Y T m m o N !� N w O U O U O) _ N O) w c� U) 2 2 w i� a' In U) D Lo : @ 2 k 2 0 a (n / G A 0.0 CL - jLLm -- - \2w \ A 9 ocu �� {]/{° (L+ / o§@o] § /\}}( / ƒ22w m e (��2) m ] d ®$§�k k§ k eo 2;=§fa CL g 8: a m h§k E CL(D [ 2p°�£7 - (7m d cc a- OL (D CL 2 »§Ea�f k gip)}0{ _ «, - 8 ƒ /§\)\f \ /C / \ / ='O p $878[ ,2 /§ Lo : @ 2 k 2 2 7# \G / G li CL L" �m \2w \ �� =me (L+ E Lo k�§ C 2 7# �k � li 4 L" § \ 2 ) § Lel k�§ C m/ 7# �k - Am2 1 }\w j\ �m § \ 2 ) § Lel EXHIBIT D: LETTER OF CONCURRENCE LANDSCAPING Ordinance No. 19-869 Page 81 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 82 of 224 July 20, 2018 Edward Walsh, P.E. Public Works Director/ PAEC Project Director Public Works 33325 81 Avenue South Federal Way, WA 98003 Concurrence Letter. Federal Way Link Extension (FWLE) Letter of Concurrence City of Federal Way Landscaping Dear Mr. Walsh, A portion of Sound Transit's Federal Way Link Extension (FWLE) project is proposed to be constructed within Federal Way jurisdictional boundaries. Sound Transit requests the City of Federal Way's concurrence with the following proposed deviations from City standards: 1. Deviations related to Sound Transit Ve etation Clear Zone Re uircments: Sound Transit's Design Criteria Manual, which provides the basis for the FWLE Project design, places strict requirements for the type and placement of vegetation in proximity to the Light Rail Transit (LRT) guideway. The reason for these restrictions is to reduce the risk of vegetation falling on the tracks, catenary lines, and/or other associated guideway facilities that may compromise safety and affect operation of the entire system. Sound Transit's Vegetation Clear Zone exhibits (attached Exhibit F-1) illustrate the area required to be free of vegetation, overhanging vegetation, and/or vegetation that poses a risk to safe operation of the light rail system, while maintaining the landscape objectives of Federal Way's landscape design guidelines in FWRC 19.125. To maintain Sound Transit Vegetation Clear Zone Requirements and to achieve these landscape objectives, Sound Transit is requesting deviations from the following Federal Way standards: City of Federal Way requires street trees to be planted in city right-of-way planter strips (Section 3.5 Planter Strip, City of Federal Way Public Works Development Standards). Sound Transit proposes that within the planter strips under or close to the guideway (Exhibit F2 and F-3), street trees will be proposed in accordance with Sound Transit Vegetation Clear Zone Requirements in Exhibit F-1. Per Federal Way Designated Street Tree List, street tree species for 23rd Avenue S is Pyrus calleryana var. `Capital' or `Redspire' (Flowering Pear) with a mature height of 35'. Street trees with a mature height of greater than 35' along this section of 23rd Avenue S will conflict with Sound Transit Vegetation Clear Zone Requirements. In consultation with the City (attached Exhibit F4), Sound Transit proposes short stature trees (mature height less than 30') Acer tataricum `Ginnala' (Amur Maple) or Cornus mas (Cornelian Cherry 1 Ordinance No. 19-869 Page 83 of 224 Dogwood) or other short stature tree selected and approved by City of Federal Way from tree list in Exhibit F-1 for the section of 23rd Avenue S from S. 317th Street to S 320th Street that will be affected by the Sound Transit Vegetation Clear Zone Requirements. • All street trees not included within identified vegetation clear zones shall be per City standards. The City shall approve all Right of Way Landscape Plans along the guideway prior to planting. • Tree replacement in Federal Way's jurisdiction shall be addressed as follows: o All trees removed within parcels being acquired by Sound Transit shall be replaced per Federal Way Revised Code (FWRC) 19.120. o All trees removed within project temporary construction easements for parcels that do not meet tree density per FWRC 19.120 as a result of the tree removal shall be replaced with a mix of tree types from the list of approved species in Exhibit F-1 at the ratio of one new 2" caliper deciduous tree or 6 feet height evergreen tree per tree removed. o Replacement trees shall not conflict with Sound Transit vegetation clear zone. 2. Deviations related to 'frash Enclosure and Pro erty° Line Screenina Reouiremcr.is: Per FWRC 19.125.040, trash enclosures are required to be screened with Type III landscaping consisting of trees, shrubs, and ground cover. The Federal Way Transit Center Station trash enclosure highlighted in Exhibit F-3 is proposed to be placed under the guideway. Sound Transit proposes landscape screening for this enclosure per FWRC 19.125.040 with the clarification that landscape screening provided will be in accordance with Sound Transit Vegetation Clear Zone Requirements in Exhibit F-1. Per FWRC 19.125.060, a Type III landscape strip is required along the perimeter of all property lines. Sound Transit proposes a landscape strip on Sound Transit owned properties per FWRC 19.125.060 with, the clarification that vegetation will be proposed under or close to guideway in accordance with Sound Transit Vegetation Clear Zone Requirements in Exhibit F-1. All areas not included within vegetation clear zone areas shall be per City Development Standard and City Code. • All landscaping materials that do not conflict with the vegetation clear zone (shrubs, ground cover, etc.) shall be provided per City Development Standard and City Code. The trees required per FWRC at a location that conflicts with Sound Transit Vegetation Clear Zone requirements, shall be planted at another location within Project Area, in close proximity of the original location. ® The City shall approve all Right of Way Landscape Plans along the guideway prior to planting. The City shall approve all Right of Way Landscape Plans for landscaped areas alongside station area street frontages prior to building permit issuance. a Modification to any landscape standards shall meet the criteria in FWRC 19.125.100(2) at the time of land use approval process of the project including demonstration that such modification will result in an outcome which is equal or superior to that resulting from strict adherence to the standard. 3. Deviations relawd to Federal Wa y'Fransit tenter Station character and accessihilit Per FWRC 19.125.060, the perimeter of parking lots are required to be screened from adjacent rights-of-way with Type III landscaping. Sound Transit requests following code clarifications that 2 Ordinance No. 19-869 Page 84 of 224 meet intent of the code for providing "partial visual separation of uses and softening the appearance of parking area" and compatible with Federal Way's City Center character. • The landscape strip for screening the station's short-term parking lot along 22nd Avenue S is being proposed with shrubs no more than 36 -inches in height at maturity. The intent is to maintain the urban character and continuity of the street front as well as to adhere to Crime Prevention Through Environmental Design (CPTED) guidelines to avoid hiding places by limiting vegetation height. • No landscape strip will be provided along the area highlighted in Exhibit F-3 adjacent to the short term parking lot. This is being proposed in order to adhere to CPTED guidelines to avoid hiding places and to maintain access and clear visual sightlines for people alighting from their vehicles and using the station area plaza space. The City shall approve all Right of Way Landscape Plans along the guideway prior to planting. The City shall approve all Right of Way Landscape Plans for landscaped areas alongside station area street frontages prior to building permit issuance. ® Modification to any landscape standards shall meet the criteria in FWRC 19.125.100(2) at the time of land use approval process of the project including demonstration that such modification will result in an outcome which is equal or superior to that resulting from strict adherence to the standard. The following exhibits and drawings depict Sound Transit Vegetation Clear Zone Requirements and areas of deviations consistent with the Pre -Final Preliminary Engineering Submittal, dated July 29, 2016, which was provided to the City and updated to address City comments. • Exhibit F-1, showing Sound Transit Vegetation Clear Zone • Exhibit F-2, showing Federal Way's right-of-way areas of deviation from street tree standards • Exhibit F-3, showing Federal Way Transit Center station area deviations. Exhibit F4, showing Federal Way's preference for street trees close to guideway Sound Transit requests the City's concurrence with the deviations from City standards listed in this letter. Please indicate your concurrence by signing below on both copies and returning one copy of this letter to us by July 25, 2018 Ordinance No. 19-869 Page 85 of 224 Please indicate your concurrence by signing below. Sincerely, Dan Abernathy FWLE Executive Project Director Engineering Design, Engineering and Construction Management Sound Transit Concurrence: City of Federal Way 7 By: Edward Walsh, ffE. Public Works Director/ PAEC Project Director -7 /2-':Z 1 Date -3111$ Date Attachments: • Exhibit F-1, showing Sound Transit Vegetation Clear Zone • Exhibit F-2, showing Federal Way's right-of-way areas of deviation from street tree standards • Exhibit F-3, showing Federal Way Transit Center station area deviations. • Exhibit F-4, showing Federal Way's preference for street trees close to guideway 4 Ordinance No. 19-869 Page 86 of 224 m L a V C to d a m .3 Q1 O N L m U C O .p m ba j dra . cn . 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Gggk a a3Sg�o� Q 3 off r H r g°gwR 9 r' waL�w�=ego r C ffi _ z W LL � t / � l fyn _ z o v LL H U, z ~w T a t 0 Z NO �O C R 3 - J/ y�0 c Ta v g o ¢ v v R Ft CD yL)uJz I �+z y LL E W o -2 C cc w C O 9 vv°cu AK i s Q w w m o v Ja W a uj 13 h LL >LLJ H zM n> - j M V ZL£ddl_SLl 9MO 33S 'r ,.AI.,— o 3R w P. H. Gggk a a3Sg�o� Q 3 off r H _¢ �<a;'w g°gwR J waL�w�=ego r C z J LL � `a _ z o c LL H U, z ~w T a 0 Z LUX ¢ mLU Y7Z aQ m R 3 - J/ y�0 C g o ¢ yL)uJz I �+z y O AK i s Ja W a uj 13 h LL C Z 5� c v c m A id y C cc wu o i��W 3 5 x � � o i o N v �u 6 F Y Y LL w y aay Q i 5 qw i a o O 3 ° so % x i s 12 9 m a a a ,.AI.,— o 3R w P. H. Gggk a3Sg�o� Q 3 off r H _¢ �<a;'w g°gwR m waL�w�=ego z rc.noF LL lmW�wa w ww m m rw�ii N w w 3 m uw y 3 LL ,.AI.,— Ln 4- 0 Ln Q) cr a > > J C 1 I Z z Q O r C Q ^ 2 N � ai LL OU. W X W w > O O N 3 t WSW z Y7Z azcwi a Y 7 1 N L Q�LL zw4a gyi M v U o o y — 1 Xz a— 3i� a 3 N rp m v .3 N �` m l Z W �W Q-1 U �' > 1 1� y•, m m N T itELI 3 A J R o v O W I _ WW > ---- a Y Y �• 4== wl i s� Q o z ax �W� f a I I F I g ., o o C ' I TJ ...•i WQ 3 / LOUQ .7 a6i i r LL ar o' lu • I .. 2E Z o 0 IN) a Lu LLLuaj Is w v o i r ? r i C )C F• uj ry�t* ii il' M tot likill a• Q ^s LL a LL & 0 W i wa>rc i I�w..nn EXHIBIT F-3: Federal Way Transit Center Station Deviations q 4id way ndabout—._ v -------------- .14 TPSS ---ti----------- I Trash enclosure screening requirement per FWRC19.125.040nl + — Ancillary Space "• Construction Staging/ i, , < -,.,--.--Bike Storage Potential Future m Opportunities w •? % 9 + Elevator us ° �—Vertical Circulation -�-, Ramp Stairs bo GateWa B �, �,--.4 Perimeter of parking lot screening -A _ yrequirement per FWRC 19.125.060 r4Tj n " -�- Shar-term_ ParkinIAII gr si -'—Vertical Circulation r Ramp { Stairs T y ► ,a A T evat M Par9transit n A & Passeng , ons.; ; - [Prop-ofd , I - f • T .a c Ordinance No, 19-869 Draft for discussion purpose only -Not reviewed or approved on behalf of any party ' NottoScale Page 103 of 224 EXHIBIT F-4: Federal Way's Preference for Street Trees Close to Guideway From: Ann Dower To: a Elliott Subject: FW: Street Trees for under the Guideway Date: Monday, April 10, 2017 10:35:25 AM Cole and Shikha, The following trees from the list on Exhibit 1d (March 22, 2017 Agenda) are City of Federal Way's preferences for Street Trees (please use single -trunk specimens): Trees X20' Tall Act2r tatar�rfm 'Ginnala' - Amur Ma Ike Cornus rias - Corniliaa Chen Doewcod Trees < 30 `Tall CQrrms 'Fddie's White Wonder'- tjrfiee'White Wonder i7oewooLl Acer saccharrim '5c,.rre t Ane!!o - Anr•llo M?nlp Trees <40' tall Acer 'N.9cwt2glar1 S::E :;ni. - Nof vvegian„unset Mapile gyrus calleryana - Callery Pear Trees <50' tall CQrnu5 nuttallii = Pacific Dagwoad Please give me a call or email if I can provide any more information. Ann Dower Senior Engineering Plans Reviewer Public Works Department 33325 8th Ave 5, Federal Way, WA 98003 Desk: 253.835.2732 1 Fx:253.835.2709 cltvcffy.ciercd .rw.Le"rn 43Nnance fT�$6 Page 104 of 224 EXHIBIT E: CONDUIT PLAN AND SECTION Ordinance No. 19-869 Page 105 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 106 of 224 MO139 r33S Z 193HS 33S --� � _ jam, •,.` �� J I — r F m MT I ` • � �F��yl r .r. �� � � �r—� 111 a� �; !! h'A _.�• 1, � — � = r r �Ssr .rye y 3AOSV 339 z O W co LL a LLI 0 LU LL LL O F_ U T LL W w z Q a- m m CL T C m O m t N C O O T Q 0 CL C. m 0 z c O rn w O CL CL c O N N U N n , n MOl38 339 I I I _ I i I � I I I I I I � 4 I � tl I M I f I I ca I I I I I r 4 i _ I I { I I I , L 133HS 39S £ 139HS 33S ' r �- I � � I mg 21 I LLLU ' 1 z H N oILLz p 0 LU z XOtm w Y NU fn LU a CO W ILL Z w} J 0 > CL w LL � J z �w F- p 0 w O LLU) I..L O } H U f0 CL T lC W 0 cu .r- 0 0 0 a a m 0 n d co 0 z c 0 to 0 CL cx 0 U to a w S mid 7 F- M 5 LL 00 z UI Olm U M wif m W LL Z Q J J w W LL LL O F- C) N Q T C f0 O w L Q) O 0 T 13 0 CL O_ (0 O Z C O N N N O CL 7 CL c 0 .N to V fA a H /',!. --I�4 ----------� '. r- L m Z 133HS 33S 3AOSV 33S -j F- M 5 LL 00 z UI Olm U M wif m W LL Z Q J J w W LL LL O F- C) N Q T C f0 O w L Q) O 0 T 13 0 CL O_ (0 O Z C O N N N O CL 7 CL c 0 .N to V fA a H G 1i w I I j w LUM w r 4 - I I AYM 118NYi11 i -- MOB IOUSM O3SOdONd— Z o LL Fn p 0 w 0 Y U C z r LLJ m C/) LC U) 0>0 LL F- zwQ ~Cw�w �LLo �0 r U T f0 Q T c N O w L W c O O T 0 (l Q m O z T c O VJ N to O Q 7 CL c O .N to 7 U V1 o LL I' W r �'ll �4 — f \ �IV } 11 J U � Sa 1 3o I - y YOLL y - 1 �o I W 9 y 1 3 y LL W J 1 y ' Z o LL Fn p 0 w 0 Y U C z r LLJ m C/) LC U) 0>0 LL F- zwQ ~Cw�w �LLo �0 r U T f0 Q T c N O w L W c O O T 0 (l Q m O z T c O VJ N to O Q 7 CL c O .N to 7 U V1 o LL I' W �'ll —oa — u�a J 3o I I W I � LL W J H ^ Z W J i ¢ r Z o LL Fn p 0 w 0 Y U C z r LLJ m C/) LC U) 0>0 LL F- zwQ ~Cw�w �LLo �0 r U T f0 Q T c N O w L W c O O T 0 (l Q m O z T c O VJ N to O Q 7 CL c O .N to 7 U V1 o LL I' W ;i "i k d ILI � N p LL 00 Oz 00 C� F= wU mw [L- U) U) Q CO 0 qJ LLJ L� Q p w w LL p L00U- 0 (D U Q C cu O m CD C O L O a (D O L CL CL m 0 Z O U) (D U) O EL n C O N 7 U a O LL p AYM LSNYtIl /F[Rf 1L%F8M O'1S [hf[YYE i I i I I I I I l I I U- p O z c/9 O U W U 0o w U)/U)� Q VJ o' Q� U UJ Q 0 w LL 00 U a f0 Q �o 0 M CD M c O 0 a W O 8 - CL Q ca 6 Z T c O U) U) O n 0 CL c O .N U N � I O M i 0 W EXHIBIT F: CODE VESTING Ordinance No. 19-869 Page 113 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 114 of 224 This table identifies codes which shall be vested by the City of Federal Way. The version of the code vested shall be the version that is adopted and in effect at the date of the execution of the Development Agreement, unless otherwise noted in this table. Vesting will apply to the FWLE light rail project and related transit amenities included in the Design -Build contract, and will not apply to alterations to commercial and residential type buildings impacted by the construction. City of Federal Way Codes and Standards International Code Council (ICC) with published or adopted state and local amendments: International Building Code (IBC) 2015 International Mechanical Code (IMC) 2015 International Fire Code (IFC) 2015 International Fuel Gas Code (IFG) 2015 International Energy Conservation Code (IECC) 2015 American National Standards Institute (ICC/ANSI) A117.1-2009 Department of Justice ADA Standards for Accessible Design International Association of Plumbing and Mechanical Officials (IAPMO) Uniform Plumbing Code, 2015 National Fire Protection Association (NFPA) standards with published or adopted state and local amendments: NFPA 10 Standard for Portable Fire Extinguishers 2018 NFPA 13 Standard for the Installation of Sprinkler Systems 2016 NFPA 14 Standard for the Installation of Standpipes Private Hydrant and Hose Systems 2016 NFPA 20 Standard for the Installation of Stationary Pumps for Fire Protection 2019 NFPA 25 Standard for Water Based Fire Protection Systems 2017 NFPA 54 National Fuel Gas Code 2018 NFPA 70 National Electrical Code (NEC) 2017 NFPA 70E Electrical Safety in the Workplace 2018 NFPA 72 National Fire Alarm Code 2016 NFPA 101 Life Safety Code 2018 NFPA 110 Standard for Emergency and Standby Power Systems 2016 NFPA 130 Fixed Guideway Transit Systems 2017 NFPA 2001 Standard for Clean Agent Fire Protection Systems 2018 Federal Way Revised Code Title 6 — Public Safety and Welfare Ordinance No. 19-869 Page 115 of 224 Title 8 —Traffic and Vehicles Title 11 -- Utilities Title 13 -- Buildings Title 14— Environmental Policy Title 16—Surface Water Management Title 19 —Zoning and Development Code Other City of Federal Way Standards City of Federal Way Public Works Department Development Standards, July 2017 Ordinance No. 19-869 Page 116 of 224 EXHIBIT G: LOC ENVIRONMENTALLY CRITICAL AREAS IMPACTS Ordinance No. 19-869 Page 117 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 118 of 224 iri-F SouNuTRANSIT December 5, 2017 CHAIR Dave Somers Snohomish County Executive EJ Walsh, P.E. VICE CHAIRS City of Federal Way John Marchlone 33325 8th Avenue South Redmond Mayor Federal Way, WA 98003 Marilyn Strickland Tacoma Mayor Subject: Federal Way Link Extension Letter of Concurrence, City of Federal Way Regulation of Environmentally Critical Area Impacts BOARD MEMBERS Nancy Backus Auburn Mayor Dear EJ: Claudia Belduccl King County Councilmember To meet the schedule identified in the Sound Transit 3 (ST3) plan of starting revenue operations in 2024, it is critical that environmental permits for the Jenny Durkan Seattle Mayor Federal Way Link Extension Project (FWLE) be acquired in a timely manner. Staff from City of Federal Way Community Development and Public Works and Fred Butler Issaquah Mayor Sound Transit met on July 25, 2017 to discuss permitting impacts to Dow Constantine environmentally critical areas (ECAs) within the City of Federal Way. In King County Executive particular, wetlands, streams, and associated buffers as defined in Chapter Bruce Demmeler 19.145 of the Federal Way Revised Code (FWRC) were discussed. This letter of Pierce County Executive concurrence summarizes Sound Transit's understanding of how the City will Dave Earling regulate ECAs for the FWLE. Edmonds Mayor Rob Johnson The segment of FWLE alignment in the City of Federal Way is located mainly Seattle Councilmember within the WSDOT right-of-way (ROW) of Interstate 5 (I-5). The City of Kent Keel Federal Way has determined that it will only regulate ECAs that are outside of University Place Mayor Pro Tem I-5 ROW for the FWLE. The City of Federal Way will not regulate ECA Joe McDermott impacts located within I-5 ROW for the following reasons: King county Council Chair Roger Millar • RCW 47.52.090 gives exclusive regulatory jurisdiction to WSDOT; Washington State Secretary of Transportation • Both Sound Transit and the City wish to streamline permitting on the Mary Moss FWLE; Lakewood Councilmember • There is small amount of wetland and stream impacts within WSDOT Paul Roberts ROW; and Everett Councilmember • Wetland and stream impacts within WSDOT ROW will be regulated and Dave Upthegrove mitigated as required by the US Corps of Engineers, WA Department of King County Councilmember Ecology, and WA Department of Fish and Wildlife. Peter von Relchbauer King County Councilmember Prior to any construction activity, Sound Transit will be required to provide copies of WSDOT approval to the City of Federal Way that the FWLE has CHIEF E OFFICER EXECUTIVE complied with applicable federal and state regulations for impacts to wetlands Petterer Rogofl` and streams within WSDOT ROW. Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Ordinance No. 19-869 Page 119 of 224 Sound Transit requests the City's concurrence with the approach for regulating ECA's within Federal Way, as described in this letter. Please indicate your concurrence by signing below and returning one copy of this letter to us so that permitting for the project can continue on schedule. If you have any questions, please contact Ellie Ziegler at (206) 398-5135 or ellie.ziegler@soundtransit.org. Sincerely, Dan Abernathy Federal Way Link Extension Executive Project Director Design Engineering and Construction Management Sound Transit Concurrence: City of Federal Way By: 't, = 12 1 \ \ \ 11 EJ Wals , P.E. Date Deputy Public Works Director City of Federal Way Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Ordinance No. 19-869 Page 120 of 224 EXHIBIT H: LETTERS OFCONCURRENCE STORMWATER MANAGEMENT Ordinance No. 19-869 Page 121 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 122 of 224 CITY OF Federal May 2, 2017 Mr. Dan Abernathy, P.E. Sound Transit 401 South Jackson Street Seattle, WA 98104 CIT`! HALL 33325 8th Avenue South V11 Federal Way, NIA 98003-6325 (253) 835-7000 wAm, ctryoPrede:alwey.com Jim Ferreli, Mayor RE. Stormwater Management for the Sound Transit Federal Way Extension Project Dear Mr. Abernathy, This letter summarizes the City of Federal Way's position on the stormwater quality design methodology to be used for the above project within the City limits/watersheds. Currently Stormwater Management and design are governed by the 2016 King County Surface Water Design Manual, City of Federal Way Addendum to The King County Surface Water Design Manual and the Federal Way Revised Code. Sound Transit's stormwater design requirements shall be governed by the most recent versions of these documents that are in effect at the time of project vesting. The train guideway is an impervious surface and shall provide for stormwater management and flow control based upon the proposed points of discharge. If the train guideway should be considered a pollution generating surface has been discussed during preliminary review of the guideway alignment. Sound Transit has submitted documentation to support a claim that the guideway is a Non -Pollution Generating Impervious Surface (NPGIS) for City review. The support information included the following: • Evaluation of Light Rail Systems as Non -Pollutant -Generating Impervious Surface, Technical Memorandum, Geosyntec Consultants, 4 February 2015. • Sound Transit East Link Project. Hydraulic Methodology within Bellevue, Memorandum from Paul Bucich, City of Bellevue Storm and Surface Water Technical and Policy Advisor, to Arturo Chi and Maher Welaye, City of Bellevue, January 15, 2013. • Brake Force Diagram, a -mail from John Sleavin, Sound Transit, to Maher Welaye, City of Bellevue, December 4, 2012. • Material Safety Data Sheet — Carlisle Brake Lining • Material Safety Data Sheet —Super Lube • Endangered Species Act Section 7 Informal Consultation ... East Link Light Rail construction between Seattle and Redmond, letter from NOAA National Marine Fisheries Service to Regional Administrator of the Federal Transit Administration, December 7, 2010. • Biological Assessment Informal Consultation, letter from United States Department of Interior, Fish and Wildlife Service, to Regional Administrator of the Federal Transit Administration, February 23, 2011. Ordinance No. 19-869 Page 123 of 224 • Stormwater Management for all Segments, excerpt from the East Link Biological Assessmenk October 2010. • Update of Light Rail non-PGIS Analysis, Technical Memorandum, Herrera Environmental Consultants, Inc., December 31, 2009. • Super Lube Railroad Grease Environmental Information Review, Technical Memorandum, Herrera Environmental Consultants, Inc., September 22, 2010. • Modeling Ballasted Tracks for Pollutants, Colorado Department of Transportation, August 2012. • Railways as Pollution -Generating Surfaces, letter from Department of Ecology Water Quality Program to Sound Transit, February 4, 2015. • Sound Transit 2014 Long -Range Plan Update Draft Supplemental EIS, letter from Department of Ecology Northwest Regional Office to Sound Transit, July 24, 2014. • Stormwater Management tYlanual for Western Washington (excerpt pages 2-5 through 2-9), August 2012. • Copper Residue Collection and Analysis, ST Link Light Rail Project; LTK Link Systems Project team, June 6, 2000. • Characterization of Stormwater Runoff from Light Rail Transit Area; Water Environment Research, Volume 87, Number 9, September 2015. • SeaTac/Tukwila Letters of Concurrence with NPGIS Determination; 2004. • City of Redmond: Stormwater Management in Redmond, June 4, 2015. Federal Way staff has reviewed these materials and has concluded, based upon the information presented, that the guideways may be considered a non -pollution generating impervious surface. Accordingly, as previously stated, the guideway will require onsite stormwater management and flow control based upon the points of discharge, but does not require water quality treatment. Site specific requirements will be determined at the time of permit review. For example, ntn on stormwater from adjacent roadways that are allowed to intermingle with guideway runoff will require water quality treatment. In the event that Ecology makes a determination that light rail guideways are pollution generating, Federal Way reserves the right to require treatment during the design phase of the project. If Sound Transit changes how the trains operate, and the change increases pollution, the City reserves the right to require water quality treatment improvements in future Sound Transit projects. We look forward to continued cooperation with Sound Transit to extend the light rail system to the Federal Way s at' n while ensuring the City's surface and groundwater are protected. Re pe tully� Mary Sala�loum,PP.E. Public Works Director CE/MS:mt cc: Cole Elliott. Development Services Manager Rick Perez, City Traffic Engineer Brian Davis, Community Development Director David Van De Weghe, Senior Planner Leila Willoughby -Oakes, Associate Planner Dayfile k:lcorrespondence\20171st waterquality letter.docx Ordinance No. 19-869 Page 124 of 224 August 31, 2018 Tony Doucette, P.E. Sound Transit Liaison Department of Public Works City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Subject: Federal Way Link Extension Letter of Concurrence (#SD -2), City of Federal Way Project Classifications for Determining Stormwater Design Standards. Dear Mr. Doucette, To meet our mutual goal of starting revenue operations in 2024, it is important that stormwater management design standards are agreed on between the City of Federal Way and Sound Transit prior to the request for proposals to select the design build contractor. Your staff has had the opportunity to review the stormwater management concept and provided comments. This letter of concurrence summarizes where the different project classifications (e.g., New Development and Transportation Redevelopment) are applied to the project. The attached Stormwater Facility Design Standards Exhibit has been updated based on comments from the City and to match the current design. The Exhibit uses color coding to identify the different project classification areas and the stormwater management standards that will be used to assess the applicable requirements in those areas. The Exhibit shows the area breakdown based on the current Conceptual Design, which may change slightly as the design progresses through Final Design. The stormwater runoff from the improvements within City right-of-way in the Federal Way Station area (S 317th Street, S 318th Street, S 319th Street, 21st Avenue S, 22nd Avenue S, and 23rd Avenue S) will be assessed using the Transportation Redevelopment Requirements in accordance with the King County Surface Water Design Manual, as adopted by Chapter 16.20 of the Federal Way Revised Code (FWRC) and the requirements for Nonconforming Water Quality Improvements provided in Chapter 19.30.120 of the FWRC. The stormwater runoff from the improvements within Sound Transit properties will be assessed based on the New Development Standards in accordance with the King County Surface Water Design Manual, as adopted by Chapter 16.20 of the FWRC and the requirements for Nonconforming Water Quality Improvements provided in Chapter 19.30.120 of the FWRC. Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Ordinance No. 19-869 Page 125 of 224 Sincerely, Dan Abernathy Executive Project Director Federal Way Link Extension DECM Sound Transit Concurrence: City of Federal Way By: &� / 3rr Tony Doucette nate Sound Transit Liaison City of Federal Way Attachment: Stormwater Facility Design Standards Exhibit, dated 8/27/2018 Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Ordinance No. 19-869 Page 126 of 224 H 0 0 Fn CO ? �. �X w LLI �+ Z C) it J li g Q a) i4 J Z N ti g Q < V- �, $ 3 w 00 Il Q Z o i F Z ;F $ Fn C 1 \\ LLI 70 } LL Z �w j i�l wl LLI �� II - v � U) i ,I 4 1 . jj. ~�l E;'I N m CL c October 8, 2018 Tony Doucette Sound Transit Liasion Department of Public Works City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Subject: Federal Way Link Extension Letter of Concurrence (#SD -3), Stormwater Vaults in the Federal Way Station Area Dear Mr. Doucette, To meet our mutual goal of starting revenue operations for the Federal Way Link Extension in 2024, it is important that the stormwater management concept is agreed on between the City of Federal Way and Sound Transit prior to the request for proposals to select the design -build contractor. Your staff has had the opportunity to review the stormwater management concept and provided comments. This letter of concurrence (LOC) provides a brief summary of the attached Stormwater Facility Design Standards Exhibit. The approach for managing stormwater runoff from the Federal Way Transit Station and the proposed roadway improvements in the vicinity of the Station utilizes separated water quality and flow control facilities to manage runoff from Sound Transit, City of Federal Way, and private properties. The owner of the property from which the stormwater runoff is generated would also own and maintain the associated stormwater facilities and the conveyance system to those facilities. This approach provides a clear division of ownership, maintenance, and operation responsibilities for the life of the facilities. This concept of providing separated stormwater facilities for the city right-of-way, Sound Transit properties, and construction staging areas is summarized below and shown in the attached Exhibit. City Right-of-wav Areas The City of Federal Way will own and maintain the water quality, flow control, and conveyance systems required to manage the stormwater runoff from the proposed right-of-way improvements as shown in the attached exhibit. Sound Transit Property Sound Transit will own and maintain the water quality, flow control, and conveyance system required to manage the stormwater runoff from the proposed improvements on Sound Transit properties as shown in the attached exhibit. Central Puget Sound Regional Transit Authority • Union Station 401 S Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org Ordinance No. 19-869 Page 129 of 224 Construction Staeine and Other Areas Stormwater management for the areas outside of the city right-of-way and property retained by Sound Transit will be provided by the property owner when activities on the properties trigger the City's stormwater requirements. For the temporary construction areas, the design -build contractor will be responsible for managing stormwater on site in accordance with the City stormwater requirements. Sincerely, , 1)- —' 0401 ! , `1 1l5 Dan Abernathy Executive Project Director Federal Way Link Extension DECM Sound Transit Concurrence: City of Federal Way ByK& Tony Doucette Date Sound Transit Liaison City of Federal Way Attachment: Stormwater Facility Design Standards Exhibit (Dated 08/27/2018). Central Puget Sound Regional Transit Authority • Union Station 401 S Jackson St, Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX (206) 398-5499 - www soundtransit.org Ordinance No. 19-869 Page 130 of 224 a N N O N M N m m CL EXHIBIT I: ON -STREET PARKING INVENTORY - STUDY AREA Ordinance No. 19-869 Page 133 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 134 of 224 �, "` i WANE am S 316TH S too, .. ', " • *� S 317TH ST ro r Federal Wa _ Transit Center . ` ; CENTEF `ZZ "i` �katian S 324TH ST ■ e a . f M , ♦ � `W • • Z IS r4 *t 06 NOTE:' ~ On -'Street Parking Study Area will 'include new streets constructed as part of FLWE Project, if parking is allowed {only after conditions studied). t Legend —Alignment 0 Station :tea 1/4 Mile Radius -- Street —•—•City Boundary Or ,j Sc:rc.. Pmq County te; ar f ac?A,ne . F=der+ 7lay.. Kent, 5.6 ti2WO18 i FWLE_Ph3_249745 i OnStreetParring.mxd N A0 200 400 800 Feet EXHIBIT I Federal Way Link Extension - South King County WA Ordinance No. 19-869 Page 135 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 136 of 224 EXHIBIT J: PEDESTRIAN CONNECTION IMPROVEMENTS TO S 320TH PARK & RIDE Ordinance No. 19-869 Page 137 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 138 of 224 00 O N 6) N O O W Q a - Z) Z U) J oW Q r` O ES US C C O) U Q C6 E E F ,. O '- w m O Y O C\j — 0 > � C O E O T '— O O O� '-' § u) O C � Q) C/) �,, — cCa a (D C5 Q) (ll O QQ E N 0) o o ch ° o U) Q U N m 6 ! N C F C � O Q) C EM 006 O°' ~° ! N d E c) y Ecnms° — C LD �oa C,6 m p n c6 ----- - --- - , . E � C O T C f✓^�Z r ,qr I n ! C - - A • y � U �oa C C cts ----- - --- - , . E z� C (6 Q —` O 1 > � C > - 1. = '�'• -O d U C E Q -o N O O K . a Y w: .� Q) _. C o � N O E L 06c a) o a o a) a) o I. Y Q U O .9-0- 1 Z) C O O C Q) �_ � O� p U) 3_m n C O U �.�' j} I_ 2� �� 0 �' SZ; ,..ti O C vtni d O E r ,qr I n ! C - - A cn w ca �o--o m in Q c- a s c Z -_-----..cu W L N rn (fl p M O c O a= X N m = m _ NJa) N�_ _ z ciLb N m L- Uyco ca O N N Y O N 3> (n N > '�_ Y.L.-• `• X J � pJ N"p p1� L F N C C> C N O E1 ° Z5 o C Q)(/) p) O LWL O mJma)CO a.Sw U N ` m m N d O C N y L Oa Z Z N CU W a m U� .. _ FU cw U) cu 3� ° iB N a a in ~ p Q �_ Zco -- _ — a cu J . o U ' N m M C (6 � 1-0� > N a) T N t L U E� z C LO N > > f6 fn O Y d — L W CO O m (9 CU N O �1 — O L) ioo — _Y Q of 0 �0 v) ID SO (Inn C 5c6 ` cn F7 o F" En r ' f a 2 i I � N O L O i O / - � f Q 0 -... \ N - II 1 1 W /1 J m O Z � you !.. N i! Z EXHIBIT K: PRELIMINARY PERMITTING PLAN Ordinance No. 19-869 Page 141 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 142 of 224 Federal Way Link Extension Project Preliminary Permitting Plan 1. Purpose This Preliminary Permitting Plan ("Preliminary Plan") was developed by Sound Transit in coordination with the City to establish a framework for the permitting of the Federal Way Link Extension Project ("Project") by the cities of SeaTac, Des Moines, Kent, and Federal Way. It is intended to inform the development of the Final Permitting Plan, which will be the responsibility of Sound Transit's eventual Design -Build Contractor ("D -B Contractor".) This Preliminary Plan describes anticipated design submittal packages by type, quantity and a potential range of plan sheets. The type and number of potential permits required for the Project are also described. This Preliminary Plan also includes the anticipated time for City review and action on the submittal packages and permits. The Preliminary Plan is intended to provide a level of certainty and predictability for Sound Transit, the local jurisdictions, and the D -B Contractor as it relates to the Project permitting process. The Preliminary Plan reflects Sound Transit's best efforts at anticipating D -B Contractor submittal packages, based on recent agency experience. It also reflects input from the local jurisdictions regarding the time, expressed in calendar days, needed for City action on the submittal. The commitment for timing of City action is based on assumptions regarding type and number of submittals and number of plan sheets. It is understood by Sound Transit, the local jurisdictions, and will be understood by the D -B Contractor that, to the extent the Final Permitting Plan differs from these assumptions, the timing for City action will be negotiated between the City and the D -B Contractor. 2. Background Existing and anticipated agreements between Sound Transit and the local jurisdictions provide the basis for enacting the framework commitments of this Preliminary Plan — specifically, the forthcoming FWLE Development Agreement (anticipated to be complete for all cities by the end of 2018) and the City Services Agreement, executed in 2017. This Preliminary Plan is anticipated to be an exhibit to the Development Agreement and provide a basis for an understanding between Sound Transit and the cities regarding design review and permitting. The City Services Agreement sets forth the terms by which Sound Transit and the City will work cooperatively during design, permitting, and construction and provides the means for Sound Transit to enter into Task Orders with the City whereby financial compensation is provided. Sound Transit intends to continue to collaborate with the City to develop Task Orders as part of final design review and to use the Preliminary and Final Permitting Plans as the basis for staffing under future Task Orders. However, with submittal of the Project's permitting package(s) to the City, the D -B Contractor will be responsible for the payment of permit fees to cover City staff time, and Task Orders will only be used to reimburse the City for dedicated Staff time pursuant to negotiated Task Orders. Ordinance No. 19-869 Page 143 of 224 3. Preliminary Plan Overview Design Packages Table: The "Design Packages" table in the Preliminary Plan identifies the anticipated design submittal packages as well as a range of total milestone submittals by design package that may be provided by the D -B Contractor at each milestone (i.e., at 60%, 90%). • Column Heading: "Elements for Milestone Review" indicates the major subject of the submittal (e.g., civil, utilities, track, etc.) Column Heading: "City Department/Division" indicates the City department / division anticipated to review the submittal. • Column Heading: "# of Milestone Submittals" provides a range of anticipated submittals for a specific element. • Column Heading: "Total Plan Sheets per Milestone Submittal" indicates the anticipated number of plan sheets that would be part of each milestone submittal. • Column Heading: "Turnaround Time per Package" indicates the anticipated City time to act on the milestone submittal in calendar days. The City's commitment for turnaround times is predicated on an estimated number of plan sheets per submittal, as indicated in the notes section. It is understood that the range of City turnaround times for a package is commensurate with the size of the submittal and that timing will change commensurate with the submittal, and based on the Final Permitting Plan from Sound Transit's eventual D -B Contractor. There are some submittals for which no City action is required. These submittals will be provided to the City for courtesy review. Permitting Packages Table: The "Permitting Packages" table in the Preliminary Plan provides a rough estimate of the type and number of permits that will need to be pulled by Sound Transit's eventual D -B Contractor, the City departments that will be involved in review, and whether the City intends to provide inspection services. The Project will secure all required permits, regardless of whether they are included in this table. • Column Heading: "Permit" indicates the permit type that is anticipated for the Project. • Column Heading: "City Department/Division" indicates the City department / division anticipated to approve the permit. • Column Heading: "City to Inspect" indicates whether the City intends to perform inspection services of Project elements constructed as part of the permit. • Column Heading: "# of Permits" provides a range of anticipated permits by type that may be required. • Column Heading: "Turnaround Time per Permit" indicates the anticipated City time to approve the permit in calendar days. Assumptions regarding timing for City permit approval were based on input and conversations with the local jurisdictions. Time to approve the various permit types by the City is expressed in calendar days. Ordinance No. 19-869 Page 144 of 224 Summary This Preliminary Plan provides the framework for development by Sound Transit's eventual D -B Contractor of a Final Permitting Plan. The final plan will be reviewed and approved by Sound Transit and the cities of SeaTac, Des Moines, Kent, and Federal Way as part of Project construction. The Development Agreement, to which this Preliminary Plan is an exhibit, documents commitments between Sound Transit and the individual cities for managing the design review process. The City Services Agreement, and the Task Orders issued pursuant to its terms, provide a mechanism for reimbursing the City for time spent reviewing design submittals at the 60% and 90% completion level. The eventual D -B Contractor will be responsible for payment to the Cities of permitting fees as well as development of the Project's Final Permitting Plan. Ordinance No. 19-869 Page 145 of 224 Design Packages E e �.y7 3 33 $ e r= s e 8 G Permitting Packages .. A A S sA R n g s r s rN ys_r r�� 6 � gC 63`�iP" � � S a a b � s E �a E� � o g s`y EE c wl �I E E E E g I Ei �d8 tai � E81 E 3 x IP m gi E .E e =9 E E Z nEct: ` n m a p z 2 0 i E ^ E E 9 s 1 �7 $ g fill 31 a" Y � � 3 3 3 %B'" 3 3 3 - "p `f 3 a e 8 G Permitting Packages .. A A S sA R n g s r s rN ys_r r�� 6 � gC 63`�iP" � � S a a b � s E �a E� � o g s`y EE c wl �I E E E E g I Ei �d8 tai � E81 E 3 x IP m gi E .E e =9 E E Z nEct: ` n m a p z 2 0 04 N N O n _v t m m CL Y C m m cu J m C O C a) C a) dA m CL H s EXHIBIT L: TPSS SELF -CERTIFICATION LETTER Ordinance No. 19-869 Page 148 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 149 of 224 SOUK TRANSIT October 15, 2018 Tony Doucette CHAIR Sound Transit Liaison Dave Somers Snohomish Counn, Ececutnve Department of Public Works Kent Keel City of Federal Way VICE CHAIRS 33325 81h Avenue South Ron Lucas Steilacoon, bla,,or Federal Way, WA 98003 King Com,tt Council Chair John Marchione Based on WAC 296-46B-010(16) & (23), Traffic Management Systems, L&I Redmond 14a, or Concurrence Letter: Federal Way Line Extension Letter of Concurrence City of Federal Way TPSS and Signal System Electrical BOARD MEMBERS Permitting Nancy Backus that are built and installed per the American Railway Engineering equipment p y g g 41thurn Mai or Dear Mr. Doucette: David Baker Association (AAR) standards. AREMA and AAR standards are developed for Kenmore Mayor Sound Transit is requesting the City of Federal Way's concurrence with the Claudia Balducci following proposal for permitting of Traction Power Substations (TPSS) and Kang Counq Cau,cilmenrbu train signal system electrical permitting as part of our ongoing partnership Dow Constantine with the city. The purpose of this letter of concurrence is to request the City King County Erecmme of Federal Way grant Sound Transit the ability to self -certify and self -label Bruce Dammeier Pierce Court E"reaun e TPSS's and wayside signal electrical equipment (signal bungalows, houses, and cabinets) installed in the City, as previously approved by the State of Jenny Durkan Seattle Ada)or Washington Department of Labor and Industries (L&I) on May 10, 2002 and Dave Earling reaffirmed by the same on August 31, 2017 (please see Attachments B and C). Edmonds Alai a) CHIEF EXECUTIVE OFFICER On the Federal and national level, AREMA and AAR standards are referenced Peter M. Rogoff and used by the Federal Railroad Association (FRA) and the Federal Transit Administration (FTA) for light rail projects similar to Sound Transit projects. Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St, Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 'P^"'^'-$9Mi4 UA9&iW919-869 Page 150 of 224 Rob Johnson This request for self -certification and labeling is limited to the self-contained Seattle Co ncilmembe, units installed (TPSS, signal bungalows, cabinets, etc.) and is not intended to Kent Keel limit the City's interest in or expectation of permitting and inspecting any Universa,, Place.Wayor ground excavation or TPSS foundation construction, including the issuance of Joe McDermott a building permit, that may be entailed as part of installing these units. King Com,tt Council Chair Roger Millar Based on WAC 296-46B-010(16) & (23), Traffic Management Systems, L&I Washingior Sate Secretan of Transportation determined Sound Transit can act as its own laboratory to self -label and self- certify their equipment in lieu of an approved testing laboratory. Sound Paul Roberts Everett Council President Transit's TPSS and wayside signal electrical equipment are railway :14m or Pro Tem that are built and installed per the American Railway Engineering equipment p y g g Dave rove and Maintenance -of -Way Association (AREMA) and American Railway K6,g Cou,h ora,cilmewber iv Coun Association (AAR) standards. AREMA and AAR standards are developed for Peter von Reichbauer King Comm:Councilmen,ber the sole purpose of manufacturing and installing the nation's railroads and their equipment suppliers ranging from rail to signal and communication Victoria Woodards 7acmm n9a,,or equipment. CHIEF EXECUTIVE OFFICER On the Federal and national level, AREMA and AAR standards are referenced Peter M. Rogoff and used by the Federal Railroad Association (FRA) and the Federal Transit Administration (FTA) for light rail projects similar to Sound Transit projects. Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St, Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 'P^"'^'-$9Mi4 UA9&iW919-869 Page 150 of 224 Similar agreements regarding this proposal and request have been successfully executed with other local jurisdictions (copies of signed agreements can be made available upon request). As part of this proposal and agreement, normal electrical permitting through the local jurisdiction's permit process would remain unchanged, specifically the electrical feed to the TPSS and signal houses. The attached information, for your review and consideration, will help to provide an overview of how Sound Transit is proposing the City permit our TPSS installation. Attachment A: Signal System Electrical Permit Concepts for Federal Way Link Extension Attachment B: August 31, 2017 email from Larry Vance for Stephen Thornton, Chief Electrical Inspector to Terry Beals, Director, Regulatory Permitting, Sound Transit DECM Permit Administration Attachment C: May 10, 2002 letter signed by Ronald Fuller, past Chief Electrical Inspector, Washington Department of Labor and Industries Amended in 2017 (please see track changes) by Larry Vance, for Stephen Thornton, current Chief Electrical Inspector, Washington Department of Labor and Industries. Attachment D: Copy of Sound Transit Self -Certification Sticker Once you have had the chance to thoroughly review the information provided and it is determined this letter satisfies all your concerns, please concur with your signature below and return a copy of this letter to my attention. Sincerely, Dan Abernathy FWLE Executive Project Director Design, Engineering, and Construction Management Sound Transit T6ny Doucette Sound Transit Liaison City of Federal Way Central Puget Sound Regional Transit Authority • Union Station 401 S Jackson St, Seattle. WA 98104-2826 • Reception: (206) 398-5000 - FAX (206) 398-5499 www s&,@AtarW&Vo919-869 Date t 2- 1 t') I t 16 Date -4 �Aul Page 151 of 224 ATTACHMENT A SIGNAL SYSTEM ELECTRICAL PERMIT CONCEPTS FOR FEDERAL WAY LINK EXTENSION Purpose: The purpose of this paper is to propose a procedure to the respective authorities having jurisdiction over sub -areas of the Federal Way Link Extension project (Sea Tac, Des Moines, Kent and Federal Way) for permitting and inspection of the Link light rail transit (LRT) signal system. This paper only covers signal system permit and inspection issues, and although many considerations are similar, does not apply to any other LRT element. This same approach has been successful for Sound Transit's Central Link light rail system which opened for revenue service in July 2009 through the cities of Seattle, Tukwila, SeaTac, and areas under the electrical jurisdiction of the Washington State Department of Labor and Industries (L&I). Authorities are encouraged to discuss this with their counterparts in these jurisdictions. Introduction: The National Electrical Code (NEC or NFPA 70) is a consensus standard developed with the purpose of providing a 'practical safeguarding of persons and property from hazards arising from the use of electricity.' Because the railroad industry is not included in the NFPA 70 standards development process, NEC 90.2(8)(3) specifically omits 'installations of railways forgeneration, transformation, transmission, or distribution of power used exclusively for operation of rolling stock or installations used exclusively for signaling and communications purposes.' The light rail transit industry typically follows many railway industry practices. Although the NEC provides no guidance, other standards organizations and the federal government have established railway safety standards aimed not only at protecting the public and railway workers, but also providing for the safety of passengers using the railway system and dependent upon proper functioning of its train control (signal) system. The industry standards for railway signal system equipment and installation frequently far exceed normal NEC requirements and have established an exceptional safety record. However, railroad signal equipment is not UL listed and is installed in ways that are not typical in the electrical industry under NEC rules. Railroad companies such as BNSF are regulated by the Federal Railroad Administration, and therefore, do not obtain local permits for their signal systems. However, ST has cooperated with local authorities to obtain permits and interim and final inspections. Basic Concept: Specifications will require the ST Signals Contractor to obtain electrical permits from the local authority and, during and after installation, coordinate inspections of the work. The following provides a basic understanding of how this is accomplished: 1. The electrical permit and inspection would include the service to the signal housing. The boundary of inspection would be the power connections from the panelboards to equipment racks. ST has an agreement with Washington Labor & Industries providing ST with the onal N�. 69 ode Procedure October 16, 2018 APage 152IP224 responsibility to self -certify its signal equipment and installation provided it meets the applicable industry standards. The basis of this agreement is that the LRT signal system is to be considered as the equivalent of a highway traffic control system. A copy of original letter from former Washington State Chief Electrical Inspector, Ron Fuller, dated May 10, 2002 assigning this responsibility under WAC 296-46A-092(8) and 104(7), is included as Attachment B. 2. The Signals Contractor is required to provide a "Gold Seal" L&I certification for prefabricated signal bungalows. This involves structural, mechanical, and electrical plan reviews by L&I in addition to inspections of work at the manufacturer's assembly site. The contract documents establish this as a Contractor requirement. 3. As mentioned above, railroad signal equipment is not UL listed, although it is built to industry standards that are frequently more rigorous than NEC or UL requirements. For example, a normal #14 AWG XHHW-2 wire would require 30 mils of insulation but a #14 AWG AREMA signal wire requires 60 mils of insulation. Another important fundamental difference is that railroad signal circuits are not grounded. This is to assure that the train signals will remain functional and safe, even with one line inadvertently grounded. The signal system is self-monitoring and alerts Sound Transit signal maintenance workers that a grounded circuit has been detected so repairs can be undertaken in safe manor. This is similar to the method used for isolation of critical hospital and industrial power and control systems. The source of most railway industry standards is the American Railway Engineering and Maintenance -of -Way Association (AREMA). Procedure Proposed for Federal Way Link Extension: The Contractor is responsible to contact the city inspection department to determine the permit fee based on the value of the signal system. 2. The Contractor prepares the permit application showing the power distribution portion of the signal system and the power calculations. The permit would cover service, transformers, UPS, disconnects, overcurrent protection, and connections from the panelboards to signal rack equipment. All materials undergo 100% factory tests with factory test procedures and reports reviewed and/or witnessed by the designated ST signals engineer. During installation (or start of field test), the responsible ST engineer or his designee will apply self -certification stickers with serial numbers to the signal equipment (a PDF copy of the sticker is provided as Attachment D). Authorities will be able to identify this item is self -certified and therefore will not require inspection The list of the light rail items to be self -certified includes but is not limited to the following: a. Equipment racks b. Switch machines c. Impedance bonds d. Wayside signals e. Switch heaters f. Junction boxes ST Signal System Code Procedure October 16, 2018 Page 2 Ordinance o. 19-869 Page 153 o- 224 g. Entrance Racks h. Signal wiring 4. When applying self -certification stickers, ST maintains a log that records the sticker number, equipment name and model number, ID (or location), equipment serial number, and industrial code(s) applicable to that equipment. Those records are available at any time and can be provided upon request. ST Signal System Code Procedure October 16, 2018 Page 3 Ordinance No. 19-869 Page 154 of 224 ATTACHMENT B Zeller, Gayle From: Vance, Larry (LNn <VANC235@LNLWA.GOV> Sent: Thursday, August 31, 2017 8:56 AM To: Beals, Terry Cc: Peckham, Lane; Rempe, Joe; Hellman, James; Newton, Corey, scoffman@ci.tacoma.wa.us; Zeller, Gayle; DeMarre, Jeffrey; DeLalla, Craig; Beals, Terry, Beckman, Eric; Thomton, Stephen D (LNI); Mutch, Rod (LNI), Bierward, Antone F (LNI); Thomas, Robert G. (LNI); Straley, Dennis M (LNn; Sediacek, Craig L (LNI) Subject- RE: L&I Reaffirmation of R. Fuller Letter Dated May 10, 2002 - Sound Transit - Traffic Management Systems Attachments: Ron Fuller Letter Labor and Industries re ST elec field evaluation May 10 2002 - Updated References.pdf Hello Terry, In regards to the 2002 letter, fifteen years have passed and very little has changed. For'clanty in the attached version of the 2002 letter, notes correct rule references and reconfirm Sound Transit's ability as a transit jurisdiction to act as a laboratory and apply their own equipment approval label to traffic management system equipment. In 2017, rules for traffic management systems exist in WAC 296-469-010(16)-(23). I hope this information helps you. If 1 can be of further assistance, please contact me. Thank you, Larry Vance I Electrical Technical Specialist for Stephen Thornton, Chief Electrical Inspector Washington State department of Labor and Industries Field Services ii Public Safety Division (360) 902-5742 Save about 10 by renewing your electrical license online at: htto: J lwww.lni.wa.Qov/TradesLicensinQ/LiceriSirQReg/Legal.asn From: Beals, Terry [mailto:terry.beals@soundtransit.org] Sent: Wednesday, August 30, 2017 8:53 AM To: Vance, Larry (LNI) <VANC235@LNI.WA.GOV> Cc: Peckham, Lane <LPECKHAM@ci.tacoma.wa.us>; Rempe, Joe <jrempe@ci.tacoma.wa.us>; Hellman, James <JHELLMAN@ci.tacoma.wa.us>; Newton, Corey <cnewton@ci.tacoma.wa.us>; scoffman@ci.tacoma.wa.us; Zeller, Gayle <Gayle.Zeller@soundtransit.org>; DeMarre, Jeffrey<jeffrey.demarre@soundtransit.org>; DeLalla, Craig <craig.delalla@soundtransit.org>; Beals, Terry <terry.beals@soundtransit.org>; Beckman, Eric <eric.beckman@soundtransit.org> Subject: L&I Reaffirmation of R. Fuller Letter Dated May 10, 2002 Importance: High Good morning, Larry Please confirm by responding to this email the essential contents of the attached Ron Fuller Letter to Sound Transit dated May 10, 2002 allowing Sound Transit as a transit jurisdiction to act as a laboratory and apply their own equipment approval label to traffic management system equipment is still valid and acceptable to the State of Washington Department of Labor and Industries Electrical Program. Ordinance No. 19-869 Page 155 of 224 Best Regards, Terry Terry Beals Director, Rept; tor}, Permitting DECM Penult AdI inktntdotl Sound 'I't,uisit 4()l S. Jackson St Seattle, IWA te6� �'.Ileals �?snuIIdtt Fuesit.nr'r; 206-398 -5237 Ordinance No. 19-869 Page 156 of 224 ATTACHMENT C d•� 9'rST D A RECEIVED 29646A-104(7) refers to -� MAY 15 2002 STATE OF WASHINGTON SOUNDTRANSIT SYSTEMS ENNGIGI NEERING DEPARTMENT OF LABOR AND INDUSTRIES Mail carmpondence to: PO Box 44460 • Olympia WA 985044460 May 10, 2002 In 209617, WAC In 2017, WAC Marc Bardsley 2-46A-092(8) refers 29646A-104(7) refers to Link Light Rallto definition of "Identification of traffic 401 S Jackson St "Identification Plate" found in WAC In 2017, text In this letter management components. found in WAC Seattle, WA 98104 296-46B-100 marked with strikethrough 296-468-010(22) is not applicable. Subject Light Rail project Dear Marc, This will confirm our discussion at yesterday's meetin between Sound Transit, T ma Power, the City of Seattle, Impulse NC, Inc., Totem Electric, and department. There IS ulrement for field evaluation or listing of all electrical equipment being i tolled within the state. E ui nt includes, but is not limited to: conduit, boxes, Wire, fittings, devi , and utilization equi nt. The department approves all field evaluation and listing aboratories. pan request, approval ITIa be granted to perform part or all of the field evaluation in the manufact errs facility. A copy of all field evaluation reports must be provided to the customer. See WAC 296-402 for details canoeming I 'ng and field evaluation aloratory requirements. k\ For traffic signal equipment.tt�er+e is =Iabel n allowing the transit jurisdiction to act as a laboratory and apply Chair own equipment appro (see WAC 296A6A-092(8) and 104(7) in r'ieu of an approved testing laboratory. At yesterd s meeting, we agreed that, in the case of the Sound Transit Light Rail project, odes transit system itself for the purposes of signaiization for controliirig Pedestrian, vetlictlla and rolling ack traffic. This option does not inducts �lumination, signage, ar other electical syst Signor on does not irtdude th8 systems used to Operat@ the rolling Stock. In 2017, WAC 296-402 requirements are found In WAC 296-468-999 It will be advantageous for Soun4 Transit to ensure i `equl 1' a� 1110�r - nequinements for listingor field ev luation prior to beginning manufacturing the product The traction power equipment cu rently at iss on the Tacoma section must have a field evaluation before final acceptance. At this time, the rtment has received no request for field evaluation of that equipment. 'Iin 2017, it remains L&I positron to agree that, In the case of Sound Sincerely, Transit Light Rail, traffic includes the transit system itself for the purposes of slgnalization for controlling pedestrian, vehicular, and rolling stock traffic Sound Transit, as a l jurisdiction, may act as a laboratory and apply their own trafficc signal equipment approval labels to Sound Transit traffic management system Ronald Fuller equipment that meets applicable standards In WAC Chief Electrical Inspector z96 -46B-010(17). cc: Chuck Gregg, Tacoma -Chief Electrical Inspector Dick Afford, Seattle - Chief Electrical Inspector Ordinance No. 19-869 a is Page 157 of 224 ay rota/eclat: T173 iindrrwn YVSYN-af "emir 101, A&dustrial Way on 1.5 Pagel of 2 In 2017, WAC 296-46A-104 requirements are found In WAC 296-466-010(16)-(22) WAC 296-46A-104 Traffic management systems. (1) A traffic management system includes: (a) Traffic illumination systems. (b) Traffic signal systems. (c) Traffic monitoring systems. (d) The electrical service cabinet and all related components and equipment installed on the load side of the service cabinet supplying electrical power to the traffic management system. The department will perform the electrical inspection and acceptance of traffic management systems within its jurisdiction. (2) The department recognizes that traffic signal conductors, pole and bracket cables, signal displays, and traffic signal controllers/cabinets and associated components used in traffic management systems are acceptable for the purpose of meeting the requirements of chapter 19.28 RCW provided they conform with the following applicable standards or are listed on the Washington state department of transportation (WSDOT) qualified products list. (a) WSDOT/APWA Standard Specifications and Plans. (b) WSDOT Design Manual. (c) International Municipal Signal Association (IMSA). (d) National Electrical Manufacturers Aisociation (NEMA). (e) Federal Standards 170/Controller Cabinets. (f) Manual for Uniform Road, Bridge, and Municipal Construction. (g) Institute of Transportation Engineers (ITE). (h) Manual of Uniform Traffic Control Devices (MUTCD). (3) Associated induction detection loop or similar circuits will be accepted by the department without inspection. (4) For the licensing requirements of chapter 19.28 RCW, jurisdictions will be considered owners of traffic management systems when doing electrical work for other jurisdiction(s) under a valid interlocal agreement, as permitted by chapter39.34 RCW. Interlocal agreements for traffic management systems must be filed with the department prior to work being performed for this provision to apply. (5) Jurisdictions, with an established electrical inspection authority, and WSDOT may perform electrical inspection on their rights-of-way for each other by interlocal agreement. They may not perform electrical inspection on other rights-of-way except as allowed in chapter 19.28 or 39.34 RCW. (6) Underground installations. (a) In other than open trenching, raceways will be considered "fished" according to the NEC and do not require visual inspection. (b) Inspections in open trenching will be conducted by the department within its jurisdiction. The electrical work permit purchaser must coordinate the electrical inspection. A written request (e.g., letter, e-mail, fax, etc.) for inspection, made to the department office having the responsibility to perform the inspection, must be made a minimum of two working days prior to the inspection need (e.g., two working days - 10:00 a.m. Tuesday request for a 10:00 am. Thursday inspection, excluding holidays and weekends). If, after proper written request, the department fails to make an electrical inspection at the time requested, underground conduit may be covered after inspection by the local government jurisdiction's project inspector/designee. Written documentation of a local government jurisdiction inspection must be provided to the department when requested. Written documentation will include: (i) Date of inspection. (ii) Location. (iii) Installing firm. (iv) Owner. Ordinance No. 19-869 Page 158 of 224 http://search.leg.wa.gov/wslwac/WAC%20296%20%20.../WAC%20296%20-%2046A-104.ht 6/18/02 Page 2 of 2 (v) Type of conduit. (vi) Size of conduit. (vii) Depth of conduit. (viii) Project inspector/designee name. (7) Identification of traffic management system components. Local government jurisdictions or WSDOT may act as the certifying authority for the safety evaluation of components. (a) An electrical service cabinet must contain only listed components. The electrical service cabinet enclosure is not required to be listed but will conform to subsection (2) of this section. (b) The local government jurisdiction must identify, as acceptable, the controller cabinet with an identification plate. The identification plate must be located inside the cabinet and may be attached with adhesive. (8) Conductors of different circuits in same cable, enclosure, or raceway. All traffic management system circuits will be permitted to occupy the same cable, enclosure, or raceway without regard to voltage characteristics, provided all conductors are insulated for the maximum voltage of any conductor in the cable, enclosure, or raceway. [Statutory Authority: RCW 19.28.031, 19.28.551, 19 28.010, 19.28.101, 19.28.171, 19.2.8.191, 19.28.25I, 19.28.470, 19.28.490, 57.42.050, 2000 c 238 and chapter 19.28 RCW. 01-0I-097, § 29646A-104, filed 12/15/00, effective 1/18/01.] Ordinance No. 19-869 Page 159 of 224 htto://search.]ea.wa.Erov/wslwac/WAC%20296%20%20--- /WAC%20296%20-%2046A-104_ht 6/1R/02. ATTACHMENT D Ordinance No. 19-869 Page 160 of 224 EXHIBIT M: SOUND TRANSIT BUSINESS RELATIONS PROGRAM (APRIL 2018) Ordinance No. 19-869 Page 161 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 162 of 224 Sound Transit Business Relations Program Sound Transit recognizes that big construction projects can be hard on adjacent businesses. Dust, noise, traffic detours and limited parking can discourage customers. That's why we work hard to address real and perceived construction impacts through our innovative Business Relations Program. Preparing for construction Your business might experience a substantial drop in customers during construction. The good news is that businesses who have worked with us to prepare proactively often reduce or avoid the worst of the impacts. Washington law does not allow this agency to provide financial compensation for impacts to a business during construction. Any such compensation would constitute a gift of public funds and would violate Article 8, Section 7 of the Washington State Constitution. Because of this limitation, Sound Transit focuses its efforts on the next best thing: bringing customers to your door. Based on our experience over years of major construction projects, we've identified numerous techniques to ensure the public knows that impacted businesses are still open; but we don't stop there. We also provide incentives for people to support local businesses. JULY 2018 OUR GUIDING PRINCIPLES ■ Measure success in customers r Use our visibility to benefit businesses ■ Entice customers with a chance at once in a lifetime experiences ■ Form creative partnerships THE RAINIER VALLEY COMMUNITY DEVELOPMENT FUND Light rail construction in the Rainier Valley was a project unlike other segments of rail construction. At the time, community leaders were very worried that the concentration of minority and immigrant - owned businesses would not survive multiple years of highly disruptive construction right outside their door. Elected officials were concerned about losing a valued cultural resource provided by the businesses. Because of this, in 1999 Sound Transit Boardmembers representing the City of Seattle and King County proposed that the agency set up and administer the Rainier Valley Community Development fund as part of the effort to build light rail in Southeast Seattle. The fund was intended to provide additional mitigation efforts for businesses impacted by light rail construction and create a permanent source of affordable financing for community development projects in neighborhood. Funding for these services was ivided by The City of Seattle and King County. Page 163 of 224 A full spectrum of help Support for impacted businesses is built into every aspect of our construction efforts. That includes always letting businesses know about upcoming activities, working directly with construction crews to minimize impacts, and of course, efforts to promote the businesses. Helping businesses prepare for construction Sound Transit has put together a construction toolkit that explains useful tips to survive construction: • Update your business plan • Define your unique "niche" — what sets you apart from your competitors • Activate your customer base — communicate and cultivate relationships with your customers • Don't wait for your customers to come to you — go to them • Get a grant, loan or line of credit to get through lean times. Information Provide clear, accurate, and timely information; Educate businesses and their customers about construction -related impacts: • Dedicate staff to work with adjacent businesses • Use advanced notification in the form of alerts, updates and door-to-door visits. Physical mitigation Ease physical impacts of construction on businesses: • Provide extensive signage and wayfinding • Facilitate access to parking, bike routes and pedestrian routes • Minimize physical impacts (noise, dust, parking, access) to the extent possible. 7— Marketing and promotions Sound Transit has created a trademarked Loyal to the Local marketing campaign to create awareness that businesses are open: • Use advertising and promotions that reminds the public that businesses are open and encourages them to shop there • Offer contests that give the public the chance to win unique experiences in exchange for shopping at impacted businesses • Encourage existing customers to continue frequenting the business. Partnerships Connect businesses to partner tools and business resources: • Partner to build upon existing successful community events • Connect businesses to existing programs, tools and resources that may provide support during construction. Sound Transit plans, builds and operates regional transit systems and services to improve mobility for Central Puget Sound. For in JVU JP.o4§Wnd Transit projects or services, visit us online at soundtransit.org or call 1-800-201-4%T;XAV. 711. EXHIBIT N: APPROVED CONTRACTOR HAUL ROUTES Ordinance No. 19-869 Page 165 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 166 of 224 L—i VOWHO-101S'JMO 99S 1 � 1S H19l6S I Y�00 moo.>a I —i / I �NfW�.Jh6'.y 1+V�1 �f7.l ; - r LC z Zuj_ a S W - lil z F �: w zA r W p Xo ¢ W W W U zmz x J 72' U Z W Q ~r UWd' w O QyZ O W0a OV W LL | a ! § _ § •\. �§ (m net \ ■ \ o ■ )u §p g §( §§�2 § z �!o§ : 3:2 �2E] ; xz §§§\ » \§ )§ & f /§ o ! ! ±:, § ��2 } \ / !| � ! 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L9CWNO-9V1OMc3as / EXHIBIT Q: ESSENTIAL PUBLIC FACILITY LETTER Ordinance No. 19-869 Page 209 of 224 This Page Intentionally Left Blank Ordinance No. 19-869 Page 210 of 224 wk -7 SouNDTRANSiT March 12, 2019 Attached is a Memorandum prepared for your consideration regarding the Federal CHAIR Way Link Extension (FWLE) Project's Compliance with Essential Public Facility John Marchione (EPF) Siting Criteria and supporting Sound Transit's request for an Essential Redmond I/m or Tony Doucette, PE Dow Constantine City of Federal Way VICE CHAIRS 33325 8th Avenue South Kent Keel Federal Way, WA 98003 University Place Mavor Sheet and the City Services Agreement, the City has recognized Sound Transit's Paul Roberts Subject: Compliance with Essential Public Facility Siting Criteria for the Federal Everett Councilmember Way Link Extension Project King CounlY Councilmember November 2016. The information contained in the following memorandum BOARD MEMBERS Dear Mr. Doucette: Nancy Backus Aubra•n ,91m or Attached is a Memorandum prepared for your consideration regarding the Federal David Baker Kenmore Mavor Way Link Extension (FWLE) Project's Compliance with Essential Public Facility Pierce County F-recur(ve (EPF) Siting Criteria and supporting Sound Transit's request for an Essential Claudia Balducci King County Council vice Chair Public Facility (EPF) land use approval for the Project using the process for Dow Constantine review and siting of the same, as specified in FWRC 19.105.020. King county Erecutive Central Puget Sound Regional Transit Authority • Union Station 401 S Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.oro Ordinance No. 19-869 Page 211 of 224 Bruce Dammeier Sound Transit would also like to acknowledge and thank the City for its Pierce County F-recur(ve partnership efforts to date in advancing planning and design for the FWLE Jenny Durkan Project. These efforts have included on-going staff coordination, providing Seattle,llavor informal input and comment on various Project aspects, and reaching formal Dave Earling milestones, such as execution of a Project Terni Sheet (setting forth general Edmonds ,Major support for the Project) and a City Services Agreement. In both the City Term Rob Johnson Sheet and the City Services Agreement, the City has recognized Sound Transit's Seattle Councilmember completion of substantive and procedural environmental review in accordance Joe McDermott with SEPA requirements, with publication of the FWLE Project's Final EIS in King CounlY Councilmember November 2016. The information contained in the following memorandum Roger Millar draws on this environmental record. 6r'ashington state secretary of Transportation I look forward to your consideration of this request. Kim Roscoe File ;Mavor Dave Somers Sincerely, Snohomish County Erecutive Dave Upthegrove - King Couno, Councilmember Peter von Reichbauer Dan Abernathy King Cowin Councilmember Federal Way Link Extension Executive Project Director Victoria Woodards Design Engineering and Construction Management Tacoma ,Mavor Sound Transit CHIEF EXECUTIVE OFFICER Peter M. Rogoff Central Puget Sound Regional Transit Authority • Union Station 401 S Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.oro Ordinance No. 19-869 Page 211 of 224 Central Puget Sound Regional Transit Authority ("Sound Transit") Federal Way Link Extension (FWLE) Project Memorandum Regarding Compliance with Essential Public Facility Siting Criteria for the Federal Way Link Extension Project Prepared by Sound Transit Staff March 12, 2019 I. Background A. History Sound Transit proposes to construct the Federal Way Link Extension (FWLE) Project, which would expand the regional light rail system from SeaTac to Federal Way, Washington. The FWLE Project would be in the cities of SeaTac, Des Moines, Kent, and Federal Way in King County. It is an element of Sound Transit 2: a Mass Transit Guide, the Regional Transit System Plan for Central Puget Sound (ST2), financing for which was approved by the voters in November 2008. ST2 funded construction and operation of the portion of the FWLE Project from SeaTac to Kent/Des Moines. Sound Transit 3: the Regional Transit System Plan for Central Puget Sound (ST3), funds the remainder of the project, from Kent/Des Moines to the Federal Way Transit Center. A total of three new Light Rail Transit (LRT) stations will be constructed as part of the FWLE Project — at Kent/Des Moines, S. 272nd St., and the Federal Way Transit Center. Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 of the Revised Code of Washington (RCW). Regional transit authorities are empowered to finance, construct and operate high- capacity transportation systems within contiguous counties. As authorized by RCW 81.112.030, Sound Transit operates within Snohomish, King, and Pierce Counties. An appointed board of elected officials from within these counties governs Sound Transit as required by RCW 81.112.040. B. Growfli McmageinciiL Act anti I ssential Niblic Facilities An important development for regional transit systems occurred in 1990 with the adoption of the Growth Management Act, chapter 36.70A RCW ("GMA"). The GMA requires cities and counties to adopt effective, state -supervised comprehensive plans and development regulations that assure the appropriate siting of regional essential public facilities. The GMA provides: The comprehensive plan of each county and city ... shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140. RCW 36.70A.200(1) (emphasis added). The definition of "regional transportation facilities" in RCW 47.06.140 specifically includes the high capacity transit system being developed and implemented by Sound Transit. Ordinance No. 19-869 Page 212 of 224 As defined by the Federal Way Revised Code (FWRC) section 19.05.050, the FWLE Project is a Class I "essential public facility" Pursuant to the GMA, the City has a legal duty to accommodate the Transit Center, LRT track alignment and associated infrastructure in its Comprehensive Plan and Development Regulations, and is required to approve it and issue necessary permits. The City may impose reasonable conditions and mitigation measures; however, such conditions and mitigation measures may not effectively preclude the FWLE Project by rendering it impracticable. Specifically, the GMA provides that no local comprehensive plan or development regulation may preclude the siting of essential public facilities. RCW 36.70A.200(2). C. The Environmental Review Process for [lie iW. I,aE Project is Complete Sound Transit is the lead agency for compliance with SEPA. In coordination -with the City and other agencies with jurisdiction, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements. Sound Transit prepared an Environmental Impact Statement ("EIS") for the FWLE Project under the National Environmental Policy Act (NEPA) and the State Environmental Policy Act (SEPA). The Project's Draft EIS was published in July 2015. The Project's Final EIS was published in November 2016 and can be accessed at https://www.soundtransit.org/Projects-and-Plans/Federal-Way-Link- Extension/Federal-Way-document-archive/federal-way-link. Based on the findings in the Final EIS (FEIS), the Federal Transit Administration issued a Record of Decision in March 2017, which is also available online at https://www.soundtransit.org/sites/default/files/project- documents/FWLE%2520FTA%252ORecord"/o2520of%252ODecision.pdf. The City has acknowledged Sound Transit's completion of substantive and procedural environmental review in accordance with SEPA requirements in the executed FWLE City Term Sheet and City Services Agreement. These agreements were entered into between the City and Sound Transit as part of the parties' continuing efforts, following completion of environmental review, to advance the FWLE Project into construction. D. The Current Land Use Application As previously mentioned, the FWLE is an essential public facility under the GMA, and the FWRC classifies the FWLE as an essential public facility - Class I use, which is defined as a facility of a county, regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of a City. The City has agreed to grant essential public facility land use approval for the project as part of a Development Agreement between Sound Transit and the City, provided the Development Agreement contains such reasonable conditions as necessary to ensure the essential public facility review and siting satisfies the City's land use approval criteria and procedures outlined in FWRC 19.105.020 and Chapter 19.70 FWRC, and the development agreement process has met all applicable procedural requirements. The remainder of this memorandum summarizes how the FWLE Project complies with the siting criteria applicable to an essential public facility. III. The FWLE Project conforms with the City's review criteria for Essential Public Facilities FWRC 19.105.020 sets forth site evaluation criteria to be used in evaluating siting proposals for Class I essential public facilities in the City. The following is a brief summary of the FWRC Site Evaluation Criteria set forth in FWRC 19.105.020. Ordinance No. 19-869 Page 213 of 224 (a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. The purpose of the FWLE Project is to expand regional transit service to and from Federal Way, as further outlined in Chapter 1 — Purpose and Need for Federal Way Link Extension of the Project's FEIS, as follows: • Provide a rapid, reliable, accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region, with sufficient capacity to meet projected demand; • Expand mobility by improving connections to the regional multimodal transportation system with peak and off-peak service; • Provide the high-capacity transit (HCT) infrastructure and service to support the adopted regional and local land use, transportation, and economic development plans; • Advance Sound Transit's Long -Range Plan vision, goals, and objectives for high- quality regional transit service connecting major activity centers in King, Pierce, and Snohomish counties; and • Implement a financially feasible HCT system to help preserve and promote a healthy environment. The Project's FEIS documents the need for the FWLE Project (Chapter 1 — Purpose and Need) in order to serve the projected service population and to address current gaps based on a lack of comparable facilities was established as follows: • Increasing congestion- on I-5 and on the key arterials leading in and out of the study area will further degrade existing transit performance and reliability. • North-South transit demand is expected to grow by up to 80 percent by 2035 as a result of residential and employment growth in the FWLE corridor. This growth will require additional and more reliable transportation options than currently exist. • People in the FWLE corridor need reliable and efficient peak and off-peak transit service to connect with the region's growth centers. • The corridor has a high concentration of transit -dependent populations who need efficient and reliable regional transit connectivity. • Regional and local plans call for HCT in the corridor consistent with PSRC's Vision 2040 and Sound Transit's Long -Range Plan. • Environmental and sustainability goals of the state and region include reducing vehicle miles traveled and greenhouse gas emissions. Pro'ected -."ery icc Po ul"Ition, Inventory of Comparable Facilities. Assessnicm of Dennand The FWLE Project's FEIS, Chapter 3 — Transportation Environment and Consequences, provides a review of the projected service population, an inventory of existing transportation facilities, and an assessment of demand for Project ridership for all alternatives evaluated in the FEIS. Following publication of the FEIS, the Sound Transit's Board passed Motion M 2015-56 in July 2015, identifying the 1-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative. Key findings from this evaluation are extracted from the FEIS and included below. Note that a screenline is defined in Appendix A4 — Acronyms and Glossary of the FEIS as "an imaginary line across a section of freeway or arterials. Screenlines are often used in traffic analyses to determine how much volume is entering a particular area." Ordinance No. 19-869 Page 214 of 224 Regional • All build alternatives would reduce regional vehicle miles traveled (VMT) by 160,000 miles per day Facilities and vehicle hours traveled (VHT) by 10,000 hours per day compared with the No Build Alternative. and Travel • All build alternatives would slightly reduce screenline traffic volumes and volume -to -capacity (v/c) ratios compared with the No Build Alternative. • All build alternatives would increase person and transit trips through the corridor. Arterials • Among the full-length alternatives, the S 272nd Star Lake and S 272nd Redondo stations would add and Local the most park-and-ride spaces (up to 700). Under interim terminus conditions, the Kent/Des Moines Streets Station would add up to 1,000 parking spaces. Operations • Stations with park -and -rides would add between 360 trips (PM peak hour at the Kent/Des Moines Station) and 700 trips (PM peak hour with the S 272nd Redondo Station interim terminus condition). • Property access and circulation impacts would be minimal because the FWLE would not conflict with roadway operations. In places, additional access roads and traffic control would enhance circulation. • All full-length FWLE alternatives would contribute to a below standard level of service (LOS) at 9 of the 63 intersections evaluated. Proposed mitigation would make all of these locations perform similar to or better than the No Build Alternative. • The interim conditions would affect the same intersections as the full-length alternatives nearthe FWLE stations that are constructed. The S 272nd Redondo Station interim terminus would affect one additional intersection. Transit • Up to 39,500 daily transit riders would use the FWLE. Operations • All build alternatives would improve transit service hours, frequency, and passenger load. • All build alternatives would be more reliable than the current bus system because they would operate in an exclusive right-of-way. • All build alternatives would have travel time comparable to bus service between downtown Seattle and the Federal Way Transit Center and would be noticeably faster between Federal Way Transit Center and all regional destinations north and east of Seattle. • The proposed stations would accommodate connections with non -motorized, transit transfer, and automobile access trips. Safety • The FWLE would shift up to 9,000 people per day from driving or taking another non -transit mode to transit and reduce VMT in the region by up to 160,000. This would create a safety benefit because less vehicles would be expected to result in fewer crashes. • All build alternatives would have minimal safety effects because they would operate in an exclusive guideway. • All build alternatives would increase vehicle and non -motorized activity around the station areas, increasing potential conflicts. • All build alternatives and options, with the exception of the Landfill Median Alignment Option, would maintain the southbound 1-5 clear zone and would not require the addition of outside guardrail. The Preferred Alternative would not have any quantifiable impact on the safety of the 1-5 mainline. The Landfill Median Alignment Option would add guardrail along the southbound outside shoulder, which could result in up to one more crash per year. • All build alternatives would cause additional traffic volumes that could result in up to two crashes per year at each of the three 1-5 interchanges within the study area (Kent -Des Moines Road, S 272nd Street, and S 320th Street). Ordinance No. 19-869 Page 215 of 224 Parking • The Preferred Alternative and the 1-5 to SR 99 Alternative would remove up to 20 public parking spaces near S 212th Street. • All build alternatives would remove 170 to 470 parking stalls on private properties. Individual station and alignment options could remove up to 580 more stalls. The project's 1,600 -stall park-and-ride capacity would accommodate the forecasted parking demand. Hide -and -ride could occur at some stations, most likely at the potential additional 5 216th East Station Option due to available on -street parking nearby. • Highline College students might use the nearby Kent/Des Moines Station park-and-ride. A parking management program at this location would maximize the capacity fortransit riders. Non -motorized • 1-5 would be a major barrier to walking and biking that would deter some non -motorized trips from Facilities accessing most stations. SR 99, S 272nd Street, and S 320th Street are also barriers, with high traffic volumes and vehicle speeds and long pedestrian crossings, all of which would discourage pedestrians and bicyclists from accessing stations near them. + The Federal Way S 320th Park -and -Ride Station Option would have the most pedestrian activity during the PM peak hour (1,840 persons) among the full-length alternatives. The potential additional S 260th Street station options would have the least pedestrian activity (about 250 persons). Under the interim terminus condition, 1,900 pedestrians would use the Kent/Des Moines Station during the PM peak hour. • The most pedestrian/bicycle activity to and from the station would be at the Kent/Des Moines Station, the potential additional S 216th (West or East) Station, and potential additional S 260th (West or East) Station. • Pedestrian LOS would degrade where pedestrians would need to cross the street to reach park-and- ride facilities or transit stops, compared with station locations where transit users would not need to cross a street to access the station. However, the LOS would generally be acceptable with all FWLE alternatives. Freight Mobility • Freight mobility and access would improve under the No Build and Build Alternatives compared with and Access existing conditions because the SR 509 and SR 167 extension projects will create new regional highway connections to 1-5. All the build alternatives would operate in an exclusive guideway, so their effects on freight would be minimal and similar to their impacts on automobiles. • Freight movements would benefit at some locations from project improvements and/or mitigation. (b) Relationship ofservice area topopulation. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. The FWLE Project will accommodate several transit markets —peak -period commuter, all -day regional, and all -day local riders. Each of these markets will grow in terms of demand and service. The FEIS documents the extensive process of stakeholder and public involvement that led to the development of alternative site locations that occurred as part of developing the FWLE Project (Chapter 2 — Alternatives Considered). Sound Transit's Board passed Motion M 2015-56 in July 2015, identifying the I-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative. When it identified the Preferred Alternative, the Board directed Sound Transit staff to work with stakeholders to develop and evaluate potential improvements to it in three areas. These included: Optimize the location of the Preferred Kent/Des Moines Station to facilitate access to Highline College and enhance future transit oriented development (TOD) potential in the Midway area of Kent and Des Moines. Identify ways to improve the potential for TOD all along the corridor, such as through Ordinance No. 19-869 Page 216 of 224 better east -west transit connections to stations, pedestrian and bike access improvements, and placemaking initiatives and development opportunities. Modify the preferred Federal Way Transit Center Station to facilitate multimodal connections to the existing Federal Way Transit Center, enhance TOD potential in the downtown area, and accommodate a future light rail extension to the south on either I-5 or SR 99. Minimum site requirements. Project sponsors shall submit documentation showing the (c) minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: minimum size of the facility, access, necessary on- site support facilities, topography, and soils and mitigation requirements. The sponsor shall also identify any future facility expansions of the facility. For an essential public facility project such as the FWLE Project, which is a transportation public works project, site requirements are generally driven by transportation engineering factors. The FWLE Project's FEIS documents the site requirements for the Project, most specifically with a discussion in Chapter 3 — Transportation Environment and Consequences, of access and other on- site support facilities (see Section 3.2 — Transportation Elements and Study Area and Sections 3.5.1 — Regional Facilities and Travel, 3.5.2 — Transit Service and Operations, 3.5.3 — Arterial and Local Street Operations, 3.5.4 — Safety, 3.5.5 — Parking, 3.5.6 — Non -motorized Facilities, and 3.5.7 — Freight Mobility and Access). A discussion of topography and soils is found in Chapter 4 — Geology and Soils of the FEIS. The FWLE Project was defined in the Project's FEIS and Record of Decision as being sited to include extending south from the Angle Lake Station in the City of SeaTac, crossing SR 99 in an elevated profile along the south edge of the future SR 509 alignment to I-5. It will then continue south along the west side of I-5, crossing under S. 216th Street in a trench, and crossing over Kent/Des Moines Road in an elevated profile. In the Kent/Des Moines Station area, it will transition west to be close to Highline College with an elevated station along the west side of 30th Avenue S. The Kent/Des Moines Station will include bus transfer and layover facilities, a parking structure with approximately 500 stalls, and non -motorized access improvements, including a new 236th Street connection to Highline College. The route will then continue south along the west side of I-5, generally at -grade, and will cross over S. 260th Street in an elevated profile. It will transition to an elevated profile at the S. 272nd St. Station in the City of Kent. The S. 272°d St. Station will include bus transfer and layover facilities and approximately 1,200 parking stalls. The route will cross S. 272°d Street in an elevated profile. South of S. 272nd, the route will continue along the west side of I-5, generally at -grade. It will cross over Military Road S. and S. 288th Street in an elevated profile and then turn west and cross over S. 317E Street. It will terminate at an elevated station at the Federal Way Transit Center in the City of Federal Way. The station, on the west side of 23`d Avenue S. and north of S. 320th Street, will retain the existing 1,190 -stall parking garage, and will reconfigure the existing bus transit center, adding an additional 400 parking stalls. Elevated tail tracks from the station platform will extend over S. 320th Street. Sound Transit does have plans, as approved by the region's voters in November 2016, to extend the FWLE Project, with a project being developed separately and known as the Tacoma Dome Link Extension (TDLE) Project, which will extend the Link light rail system south from Federal Way to Ordinance No. 19-869 Page 217 of 224 the City of Tacoma, including four new LRT stations, one planned for south Federal Way. Sound Transit's plans for system expansion are documented in their ST3 plan, which is available online at http://soundtransit3.org/. (d) Alternative site selection. The sponsor shall document whether any alternative sites have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. As documented in the FWLE Project's NEPA and SEPA record, numerous alternatives were evaluated as part of the process of selecting the Preferred Alternative for construction. The FWLE study corridor was generally bounded by SR 99 to the west, I-5 to the east, S. 200th Street to the north, and S. 320th Street to the south. Alternatives outside this area were not considered because they would not meet the Project's purpose and need. The FWLE alternatives generally followed two corridors, SR 99 and 1-5, between SeaTac and Federal Way. Sound Transit developed the alternatives through an early scoping and Alternatives Analysis process during 2012 and 2013 that included public and agency input. Following the public scoping period, the Sound Transit Board reviewed comments received and approved Motion 2013-77, which directed Sound Transit staff to study four alternatives in the Draft EIS. It also called for potential design options on SR 99 and I-5, and established baseline stations at Kent/Des Moines, S. 272nd Street, and the Federal Way Transit Center. During development of the Draft EIS, Sound Transit continued to coordinate with agencies and local jurisdictions to refine the conceptual design of these alternatives for evaluation in the Draft EIS. After considering the Draft EIS and the public and agency comments received, the Sound Transit Board passed Motion M2015-56 in July 2015, identifying the 1-5 Alternative with the Kent/Des Moines SR 99 East Station Option as the Preferred Alternative for evaluation in the Project's FEIS. The evaluation of alternatives used to select the Preferred Alternative was discussed in Chapter 8 of the Project's FEIS. The first critical factor evaluated was how the FWLE would meet the six need statements identified for the Project (and summarized in this memorandum under the response to section (a)). All Build Alternatives evaluated in the FEIS met the six need statements; the No Build Alternative did not meet the purpose and need for the Project. The Build Alternatives identified in the Project's Final EIS were also evaluated (FWLE Final EIS, Chapter 8 — Alternatives Evaluation) to focus on trade-offs among the alternatives in meeting purpose and need. Three key performance factors were evaluated for each build alternative (cost, travel time, and projected ridership). There were no substantial differences between build alternatives in terms of travel time and ridership. Costs varied more widely, with the Preferred Alternative being the least expensive and the SR 99 Alternative being the most expensive. Based on refinements to the Preferred Kent/Des Moines Station following publication of the Draft EIS, the TOD potential was also similar for all alternatives and did not differentiate them. Key impacts and resource area impacts were evaluated as well for all build alternatives. The following summary was extracted from Chapter 8 — Alternatives Evaluation of the Project's Final EIS. Ordinance No. 19-869 Page 218 of 224 How EIS Measure Key Impacts Read to Alternatives Comparison Units Preferred Units SR 99 to I -S Units SR 99 Units 1-5 to SR 99 Residential Displacements Displacements for the Preferred, SR 99 to 1-5 and 1-5 to SR 99 196 � would occur mostly north of Kent -Des Moines Road and in 36 W the Kent/Des Moines Station area. 108 i SR 99 Alternative displacements would mostly occur in the 203 Kent/Des Moines Station area. Residences with Reduced 1-5 to SR 99 Alternative would have most residences with reduced Visual Quality visual quality due to housing density along 1-5 north of Kent -Des 290 Moines Road and south of S 24oth Street. 260 Reduced visual quality along the 1-5 corridor would be primarily caused by removal of vegetation to the east. 175 Reduced visual quality along the SR 99 corridor would be primarily 375 caused by the elevated guideway in the SR 99 median. Noise Impacts Preferred Alternative displacements would occur in the Business Displacements Kent/Des Moines Station area and the Federal Way Transit Center Station area. 42 SR 99 displacements would occur along the entire corridor, 101 but would mostly be at station areas. 46 i SR 99 to 1-5 Alternative would avoid many of the business 96 displacements associated with the SR 99 Alternative by being primarily in the I-5 right-of-way south of Kent -Des Moines Road. Residences with Reduced 1-5 to SR 99 Alternative would have most residences with reduced Visual Quality visual quality due to housing density along 1-5 north of Kent -Des 290 Moines Road and south of S 24oth Street. 260 Reduced visual quality along the 1-5 corridor would be primarily caused by removal of vegetation to the east. 175 Reduced visual quality along the SR 99 corridor would be primarily 375 caused by the elevated guideway in the SR 99 median. Noise Impacts Preferred Alternative would have the fewest noise impacts due to the lower density of housing along 1-5 and a mixed profile that includes at -grade and trenched portions. 647 T SR 99 Alternative would have the most noise impacts due to the 2,266 m greater density of housing along SR 99 and an entirely elevated 1,200 guideway. 1,860 All noise impacts would be mitigated. Most would be mitigated with sound walls, although some would require residential insulation. Vibration Impacts 193 50 M 209 45 s Upland Habitat Impacts 35 Acres 3 Acres t 22 Acres 4 Acres SR 99 to I-5 Alternative would have the most vibration impacts because its alignment is close to residences and includes at -grade and trenched portions. SR 99 would have the fewest vibration impacts due the greater distance from residences and an entirely elevated guideway. All vibration impacts would be mitigated at the source (at the rails). Preferred Alternative would remove the most upland habitat because it would be located primarily in the undeveloped, forested 1-s right-of-way south of S 24oth Street. SR 99 Alternative would remove the Least upland habitat because it would be located primarily in the heavily developed SR 99 corridor that contains minimial vegetation. Ordinance No. 19-869 Page 219 of 224 How EIS Measure Preferred Alternative Options Read Option —+ i Decrease Increase No Change Performance Measures Units/Acres (Range) The Kent/Des Moines At -Grade Station Option would have the greatest cost savings. The Federal Way S 320th Park -and -Ride Station Option would have the greatest cost increase. The Kent/Des Moines Options would decrease ridership due to the closer location to 1-5. The Federal Way 1-5 Station Option would decrease ridership due to the greater distance to the Federal Way Transit Center. The Kent/Des Moines and Federal Way City Center station options would have IowerTOD potential. How EIS Measure to SR 99 Options Read Option - + Decrease Increase No Change Performance Measures Units/Acres(Range) Cost Travel Time Ridership TOD Option Area (Millions) (Minutes) (Daily FWLE Boardings) Potential S 216th I. +1 • 000 1, Higher Kent/Des Moines -20 •z1 1 S 260th +90 w+1 1 +1,000 I Higher S 272nd Redondo C Federal Way City Center .60 1� -1,500 f N/C N/C N/C N C • Adding a station at S 216th or S 260th Street would add up to $90M. • Greatest cost savings would be at Federal Way SR 99 Station Option. • In Kent/Des Moines area, the SR 99 Median Station would be the most expensive. • There would be no change in travel time except with the Federal Way SR 99 Station Option. • Additional stations at S 216th and 5260th would each increase project boardings by 1,000. • The Federal Way SR 99 Station Option would have lower ridership due to its distance from the transit center • The S 216th and S 260th station options would increaseTOD potential. Ordinance No. 19-869 Page 220 of 224 Cost Travel Time Ridership TOD Option Area (Millions) (Minutes) (Daily FWLE Boardings) Potential Kent/Des Moines -110 I -=20 500 Lower Landfill 10 -10- S S 272nd Star Lake -30 S 317th -2 0 I Federal Way City Center -40 _ +130 * 2,500 Lower N/C N C N/C N)C The Kent/Des Moines At -Grade Station Option would have the greatest cost savings. The Federal Way S 320th Park -and -Ride Station Option would have the greatest cost increase. The Kent/Des Moines Options would decrease ridership due to the closer location to 1-5. The Federal Way 1-5 Station Option would decrease ridership due to the greater distance to the Federal Way Transit Center. The Kent/Des Moines and Federal Way City Center station options would have IowerTOD potential. How EIS Measure to SR 99 Options Read Option - + Decrease Increase No Change Performance Measures Units/Acres(Range) Cost Travel Time Ridership TOD Option Area (Millions) (Minutes) (Daily FWLE Boardings) Potential S 216th I. +1 • 000 1, Higher Kent/Des Moines -20 •z1 1 S 260th +90 w+1 1 +1,000 I Higher S 272nd Redondo C Federal Way City Center .60 1� -1,500 f N/C N/C N/C N C • Adding a station at S 216th or S 260th Street would add up to $90M. • Greatest cost savings would be at Federal Way SR 99 Station Option. • In Kent/Des Moines area, the SR 99 Median Station would be the most expensive. • There would be no change in travel time except with the Federal Way SR 99 Station Option. • Additional stations at S 216th and 5260th would each increase project boardings by 1,000. • The Federal Way SR 99 Station Option would have lower ridership due to its distance from the transit center • The S 216th and S 260th station options would increaseTOD potential. Ordinance No. 19-869 Page 220 of 224 Preferred Alternative Options Impacts VHow EIS Measure to Read Option - d + Decrease Increase No Change Units/Acres (Range) Residential Displacements Kent/Des Moines At -Grade Station Option would Kent/Des Moines -57The have the greatest reduction in residential displacements. Landfill Median Alignment +i S 272 Star Lake * The S 32oth Park -and -Ride Station Option would have S 317th Alignment * the most additional residential displacements. Federal Way City Centers+i9 The Kent/Des Moines I -S East Station Option Business Displacements Kent/Des Moines -16 i would have the greatest increase in business Landfill Median Alignment displacements. S 272 Star Lake * ! The S 32oth Park -and -Ride Station Option would have S 317th Alignment the greatest reduction in business displacements. Federal Way City Center -14 Residences with Reduced None of the options would change visual quality Visual Quality impact. Kent/Des Moines Landfill Median Alignment S 272 Star Lake S 317th Alignment Federal Way City Center Light Rail Noise Impacts The S 317th Elevated Alignment Option would have the Kent/Des Moines -29 +14 greatest increase in noise impacts. Landfill Median Alignment +41 The Kent/Des Moines I -S Station Option would have S 272 Star Lake +64 the greatest reduction in noise impacts. S 317th Alignment •irz Federal Way City Center a " +4s Vibration Impacts Kent/Des Moines +i& The Kent/Des Moines At -Grade Station Option and 1-S Landfill Median Alignment Station Option would increase impacts. S 272 Star Lake All other options would have no changes in impacts. S 317th Alignment Federal Way City Center Nd I Upland Habitat Impacts The Landfill Median Alignment Option would Kent/Des Moines +3 have the greatest reduction in upland habitat removed. Landfill Median Alignment The Kent/Des Moines 1-5 Station Options would have S 272 Star Lake S 317th Alignment * an increase in upland habitat removed. Federal Way City Center Ordinance No. 19-869 Page 221 of 224 99 Options US Measure VleadOption +sR ImpactsDecrease Increase No Change Units/Acres (Range) S 216th -so •16 Residential Displacements S 216th The Kent/Des Moines HC Campus Station Option from +2e impacted by the SR 99 Alternative. the S 216th West Station Option would have the greatest Kent/Des Moines "' increase in residential displacements. S 26 0th I* +3 The S 216th East Station Option would add residential S 272nd p •.1 displacements but the S 216th West Station Option Federal Way City Center ! would not. r /C Changes in upland habitat removed for most options Business Dispkements The potential additional stations at S 26oth Street would S 216th -i+ have the greatest increase in business displacements. Kent/Des Moines -7 +14 Different businesses would be impacted bythe S 272nd S 26 0th +18 RedondoTrench Station Option, but the total number S 272nd .1 would not change. Federal Way City Center -13 Federal Way SR 99 Station Option would have the NSC greatest decrease in business displacements. Reslidences Mth Reduced The S 216th West Station Option would avoid visual ViSLjai Quality impactsto residence north Of 216th Street by being S 216th -15 in a trench. Kent/Des Moines +15 The Kent/Des Moines HC Campus Station Option would S 26 0th be the only option to increase visual impacts at the S 272nd Kent/Des Moines Station. Federal Way City Center S 272nd RedondoTrench Station Option would have the p.Yr_ greatest increase in residences with reduced visual quality Light aH Noise Impacts Optroiis in trenrhts would have the greatest reduction ill S 216th -201 noise impacts. In the Kent/Des Moines Station Area, the HC Campus Station Kent/Des Moines -00 +161 Option and SR 99 Median Station Option would increase impacts S 26 0th ; and the SR 99 East would decrease impacts. S 272nd 439 The Federal Way SR 99 Station Option avoids displacing a Federal Way City Center ill°47 hotel, which results in more noise impacts compared to the SR 99 Alternative. N/C Vibration Impacts The S 216th West Station Option would have the greatest S 216th -so •16 decrease in impacts because it would displace a hotel Kent/Des Moines * +12 impacted by the SR 99 Alternative. S 26 0th ': The S 272nd Redondo Trench Station Option would have S 272nd r,i the greatest increase in impacts due to closer proximity Federal Way City Center * to residences. r~�,t Upland Habitat impacts Changes in upland habitat removed for most options S 216th would be minimal. Kent/Des Moines S 26 0th The S 272nd Redondo Trench Station Option would have the greatest increase in upland habitat removed because S 272nd it would be primarily undeveloped areas adjacent to SR 99, Federal Way City Center + Ordinance No. 19-869 Page 222 of 224 (e) Concentration of essential public facilities. In considering a proposal, the city shall I examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. Documented in Chapter 1 of the Project's FEIS (Purpose and Need) is the fact that no public facility currently exists in the City of Federal Way serving the need for a rapid, reliable, accessible, and efficient transportation alternative to meet anticipated regional growth. An evaluation of potential cumulative impacts of the Project was completed and published as Chapter 6 of the Project's FEIS. This evaluation looked at past and ongoing development trends, reasonably foreseeable future actions, and whether the FWLE Project would contribute to cumulative impacts. The results of the analysis concluded that no undue burden would be placed on any neighborhood in Federal Way (FWLE Final EIS — Section 6.5.5.). (fl Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. Sound Transit held public meetings with residents, neighborhood groups, individual businesses and business groups in the City of Federal Way throughout the Project's development to inform them about the Project and solicit input on planning efforts. Sound Transit conducted stakeholder workshops for each station from fall 2015 to spring 2016. These workshops gained consensus on station locations and identified access improvements to be included in the project or developed by others. Sound Transit also met with the City of Federal Way and King County Metro in September and October 2015 to optimize the location of the Preferred Federal Way Transit Center Station. Most recently, in 2017, eleven meetings were hosted with individual residents and neighborhood groups along the segment of the alignment located in Federal Way. ST hosted ten meetings with Federal Way businesses and the Federal Way Chamber of Commerce located along the alignment. In addition, ST participated in three community events held in the summer of 2017, as well as inviting Federal Way residents and businesses to a station area "look and feel" community workshop at the Federal Way Community Center in September 2017. During this same period, ST engaged stakeholders through local media to the community to participate in an online station area "look and feel" survey. Approximately 800 Federal Way residents and businesses participated. The results of the survey are included in the Contract Request for Proposals for the Design Builder to inform the final FWLE design. (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Project mitigation commitments were published for public and agency review in the Project's Final EIS and were included in the NEPA Record of Decision as Appendix B — Mitigation Plan Ordinance No. 19-869 Page 223 of 224 The excerpt that follows is taken from Exhibit B of the Record of Decision describes Sound Transit's mitigation commitments that will be implemented to avoid or minimize the project's impacts identified in the FEIS. Sound Transit will regularly report to the Federal Transit Agency (FTA) on the progress of incorporating and implementing Project mitigation measures as a condition of being eligible for and receiving federal funds to construct the Project. Furthermore, Sound Transit and the City intend to execute a Development Agreement for the FWLE Project that will more specifically outline commitments for designing and constructing the Project in such a way to be consistent with City code requirements and development objectives. Ordinance No. 19-869 Page 224 of 224